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HomeMy WebLinkAbout01122009 City Council Packet............:.. e ebrating Alaska's 50 years .Tanuary 12, 2009 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska ~ CITY COUNCIL MEETING AGENDA ' + ; ~ I ~ {Please silence all cellular phones and pagers during the meeting} Note NEW time! January 12, 2009 7.00 p m Council Chambers 1. CALL TO ORDER Clark Corbridge 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2009 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT Willard E. Dunham Vi THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. [Those who have signed in will be iven the zrst o g /• pportunity to ce Ma or Y Term Expires 2010 . speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item.] Robert Valdatta 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routi i Council Member T ne tems indicated by asterisk (*). Consent Agenda items are not considered separatel erm Expires 2009 y unless a council member so requests. In the event of such a request , the item is returned to the Regular Agenda) Tom Smith Council Member Term Expires 2009 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards B. Borough Assembly Report Betsy Kellar C. City Manager's Report Council Member D. City Attorney Report Term Expires 2009 E. Port and Commerce Advisory Board Annual Report by Ron Long. F. Other Reports and Presentations Jean Bardarson Council Member Term Expires 2010 1. Presentation by Bill Popp, President and CEO of Anchorage Economic Development Corp (AEDC) on li new on ne interactive Marianna Keil mapping program and partnership ..................................Pg. 4 2. Update from Friends of Jesse Lee Home Council Member . Term Expires 2010 7. PUBLIC HEARINGS A Resolutions Requiring a Public Hearing Phillip Oates City Manager 1. Resolution 2009-001, Authorizing The City Manager To Complete Jean Lewis A Land Trade With The Alaska Vocational Technical Institute (AVTEC) Block 15a For City Owned Block 6A City Clerk . •••••••••••••••••••Pg.S Cheryl Brookin 2. Resolution 2009-002, Recommending Kenai Peninsula Borough A g City Attorne pproval Of The Federal Addition AVTEC Replat, A Resubdivision Of y Blocks 6 & 15, Federal Addition. P ................................. g. 9 City of Seward, Alaska Council Agenda Januazy 12, 2009 Page 1 B. Ordinances for Public Hearing 1. Ordinance 2008-020, Amending Various Sections Of The Seward City Code To Require The City Of Seward Provide A Biennial Budget Beginning Fiscal Year 2010. ....................................................................................................Pg. 38 8. UNFINISHED BUSINESS A. Item for Reconsideration 1. Resolution 2008-131, Accepting Grant Funds In The Amount Of $30,000 From The Kenai Peninsula Borough For The Mill Street And Second Avenue And Mill Street And Vista Avenue Drainage Project . ............................................................Pg. 41 9. NEW BUSINESS A. Ordinances for Introduction 1. Non-Code Ordinance 2009-001 Temporarily Increasing The Stipend For The Vice Mayor And Setting The Effective Dates . ..................................................Pg. 60 B. Resolutions * 1. Resolution 2009-003 Urging The Alaska State Legislature To Modify, Based On Science, The Standards Governing The Discharge Of Cruise-Ship Wastewater By Using The Criteria That Apply To Municipal Shore-Based Wastewater Facilities And All Other Vessels Transitting Alaska Waters . .........................................................Pg. 63 *2. Resolution 2009-004 Supporting The Application For Special Designation As A Preserve America Community For Seward . ...............................................Pg. 69 *3. Resolution 2009-005 Authorizing The City Manager To Apply For The Municipal Harbor Facility Grant, Utilizing $1.5 Million In Existing Project And Grant Funds, As The Required Match . .........................................................................Pg. 81 C. Other New Business Items * 1. Approval Of The December 8, 2008 Regular City Council Meeting Minutes, and the December 8 and 9, 2008 City Council Special Meeting Minutes. ........Pg. 85 *2. Per SCC 2.30.330, approve retaining the Port and Commerce Advisory Board in existence through January 2010 . ...................................................Pg. 99 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. November 2008 Financials for Providence Seward Medical Center. ...........Pg.100 11. COUNCIL COMMENTS ~-uy ~~ ~ewuru, fL[aSKa Council Agenda January 12, 2009 Page 2 12. CITIZENS' COMMENTS ~S minutes per individual -Each individual has one opportunity to speak.) 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. EXECUTIVE SESSION A. Go Into Executive Session To Discuss Pending Arbitration Filed By Seward Ships Drydock With Regards to Their Lease 15. ADJOURNMENT City of Seward, Alaska Council Agenda January 12, 2009 Page 3 Memorandum Date: January 12, 2009 To: Mayor Corbridge, Council members From: Jean Lewis, City Clerk Subj: Presentation from Bill Popp D~~~ rupp, rrestaent ana ta;U of the Anchorage Economic Development Corporation (AEDC) will appear to give a 5-10 minute presentation to inform stakeholders, commercial property owners and agents in Southcentral Alaska, of their free online tool and marketing website, which targets outside businesses and site selectors. AEDC is launching a new online, interactive mapping program, in partnership with the Kenai Peninsula and Mat-Su boroughs, that will provide enhanced site selection services to the business community locally, national and even globally. The site was to go live October I, 2008 at URL www.AnchorageProsnector com and is linked directly to their website at www.aedcweb.com. Mr. Popp will also provide a general overview of the Anchorage economic forecast. .., 4 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO COMPLETE A LAND TRADE WITH THE ALASKA VOCATIONAL TECHNICAL INSTITUTE (AVTEC) BLOCK 15A FOR CITY OWNED BLOCK 6A WHEREAS, the State of Alaska and the City of Seward are working together to consolidate the AVTEC facility into one State-owned and managed unit by exchanging a portion of said property with the Ciry; and WHEREAS, on April 5, 2007 the Planning and Zoning Commission approved Resolution 2007-07 recommending Council approval of the conveyance of Block 6 to the State of Alaska and found that the conveyance was in the public's interest and that the public health, safety and welfare would be preserved; and WHEREAS, on April 23, 2007 the Seward City Council approved Resolution 2007-037 authorizing the City Manager to begin negotiation with the State of Alaska for the disposal of Block 6 in order to achieve terms satisfactory to both parties; and WHEREAS, on September 8, 2008 the Administration presented the negotiated position for the land exchange to Council; and WHEREAS, Cline and Associates submitted, on behalf of the State of Alaska, a preliminary plat increasing the square footage of Block 6 to 123,477 square feet and decreasing the square footage of Block 15 to 21,723 square feet by creating Block 6A and Block 15A; and WHEREAS, the preliminary plat was approved by the Seward Planning and Zoning Commission on December 16, 2008 into the proposed configuration negotiated between City Administration and AVTEC; and WHEREAS, the current Block 6 is owned by the City of Seward and leased to the State of Alaska until 2054; and WHEREAS, the current Block 15 is owned by the Alaska State Department of Natural Resources; and WHEREAS, the value of the City of Seward obtaining permanent legal access to Two Lakes Park outweighs the price and size difference between the two affected parcels. ~_, , 5 CITY OF SEWARD, ALASKA RESOLUTION 2009-001 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. For the reasons stated in the recitals, which are incorporated as if fully set forth herein, the City Council finds it in the public interest to complete a land exchange with AVTEC for Block 15A, Federal Addition AVTEC Replat in exchange for city-owned Block 6A, Federal Addition AVTEC Replat. Section 2. The City Council finds it in the public interest not to expend public funds for an appraisal of the subject properties since the value of permanent legal access to Two Lakes Park and the consolidation of the AVTEC facility into one State owned parcel outweighs the difference in the values of the two properties. Section 3. The City Manger is directed to exchange Quitclaim Deeds with the State of Alaska upon completion of the following: 1. Seward City Council and Kenai Peninsula Borough approval of the Federal Addition AVTEC Replat. 2. The Kenai Peninsula Borough reversionary clause on Block 15A is rescinded. 3. AVTEC provides written easements for the electric facilities serving AVTEC that are not within the platted easements. 4. An access permit is signed by AVTEC granting non-exclusive use for the public to use Block 6A as egress from Two Lakes Park. Section 4. The City Manager is directed to grant anon-exclusive permit providing public access to the AVTEC facility across Block 15A. Section 5. This resolution shall take effect 30 days following its adoption. PASSED AND APPROVED by City Council of the City of Seward this 12~' day of January 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT: ~~~, 6 Council Agenda Statement Meeting Date: January 12, 2009 From: Community Development Director Christy Terry Through: City Manager Phillip Oates Agenda Item: A RESOLUTION AUTHORIZING THE CITY MANAGER TO COMPLETE A LAND TRADE WITH THE ALASKA VOCATIONAL TECHNICAL INSTITUTE (AVTEC) BLOCK 15A FOR CITY OWNED BLOCK 6A BACKGROUND & JUSTIFICATION: The City of Seward and the Alaska Vocational Technical Center (AVTEC) completed negotiations to consolidate the AVTEC facility on Second Avenue into one State-owned and managed unit. The negotiated terms culminated in a proposed resubdivision and land exchange of Block 6A and Block 15A. The City of Seward would own Block 15A (21,723 square feet) and AVTEC would receive ownership of Block 6A (123,477 square feet). The proposed configuration benefits Seward by providing much needed permanent legal access to Two Lakes Park and also supports AVTEC's continued growth and positive economic, educational and social benefits to our community. On April 5, 2007 the Planning and Zoning Commission approved Resolution 2007-07 recommending Council approval of the conveyance of Block 6 to the State of Alaska. The Commission found that the conveyance was in the public's interest and that the public health, safety and welfare would be preserved. The Commission also found that the conveyance was not contrary to the Comprehensive Plan or the Strategic Plan. The Commission recommended that as a provision the Council require the State of Alaska to provide a field assessment for existing and potentially required drainage features, utilities and other features of the parcel, including entry and exit access to and parking for Two Lakes Park in cooperation with the City of Seward staff, to be preserved by easement or other forms of reservation prior to final platting. On April 23, 2007 the Seward City Council approved Resolution 2007-037 authorizing the City Manager to begin negotiation with the State of Alaska for the disposal of Block 6 in order to achieve terms satisfactory to both parties and including the Commission's recommended provision. On September 8, 2008 the Administration updated the Council on the outcome of the negotiations and the Council directed staff to proceed with the following items: • Pursue replatting the property per the Cline and Associates AVTEC replat dated 5/26/08 • Pursue conveyance of Block 6A to the State, consolidating State ownership of the property under the AVTEC facilities on this site Page 1 of 2 ~-~ ~' ~ • Pursue the State's conveyance of Block 15A to the City, giving the City a permanent ownership access to Two Lakes Park • Pursue the State's conveyance of a 30-ft utility easement from A Street back to First Avenue to the City, which is needed for regular power service and for emergency power in the event of a tsunami • The Borough must release the reversionary clause from Block 15A, so that the City can use it for access to the park and not be limited to "educational purposes" • Pursue entering into a simple access agreement allowing AVTEC to use that park road for access to the back of their buildings on the new Block 6A. On December 16, 2008 the City of Seward's Planning and Zoning Commission approved the replat with the proposed configuration for the land exchange. However, the Commission voted to send a letter requesting that Council again consider other lands in exchange for Block 6. Council will find the letter and the draft minutes from the meeting included in this packet. The Borough Assembly reviewed Ordinance 2008-34, Authorizing the Repeal of an Educational Use Deed Restriction with Reversionary Rights on a Parcel of Land in the City of Seward that was Deeded to the State of Alaska by the Kenai Peninsula Borough and referred this ordinance to the Planning Commission for review. The Planning Commission will address this item at their January 26, 2009 Regular Meeting. The Ordinance will then return to the Assembly for approval. The State is working closely with Borough staff to complete the repeal of the deed restriction. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: The City council may dispose of interest in real property by negotiation. The city shall not dispose of any real property interest without first making an appraisal of the fair market values of that interest, unless the city council finds by resolution that the public interest will not be served by an appraisal. (SCC§§ 7.05.120 and 7.05.150) Approved by Finance Department: ' ~ LGn~ -, ATTORNEY REVIEW: X RECOMMENDATION: Approval Resolution 2009- DO / AUTHORIZING THE CITY MANAGER TO COMPLETE A LAND TRADE WITH THE ALASKA VOCATIONAL TECHNICAL INSTITUTE (AVTEC) BLOCK 15A FOR CITY OWNED BLOCK 6A Page 2 of 2 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-002 A RESOLUTION OF THE SEWARD CITY COUNCIL, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE FEDERAL ADDITION AVTEC REPEAT, A RESUBDIVISION OF BLOCKS 6 & 15, FEDERAL ADDITION WHEREAS, Cline and Associates submitted, on behalf of the Alaska Vocational Technical Center (AVTEC), a preliminary plat increasing the square footage of Block 6 to 123,477 square feet and decreasing the square footage of Block 15 to 21,723 square feet by creating Block 6A and Block 15A;and WHEREAS, the Seward Planning and Zoning Commission approved the preliminary plat with conditions at its regular meeting on December 16, 2008; and WHEREAS, no preliminary plat of city-owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the city council; and WHEREAS, this property is zoned Institutional (INS) and the replat does not create any non- conforming structures or lots; and WHEREAS, the current Block 6 is owned by the City of Seward and leased to the State of Alaska until 2054; and WHEREAS, the current Block 15 is owned by the State of Alaska; and WHEREAS, no subdivision installation agreement is necessary because these lots are currently serviced by municipal roads, water, sewer, electric and other utilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council recommends that the Kenai Peninsula Borough approval of the Federal Addition AVTEC Replat, a resubdivision of Blocks 6 &I5, into Blocks 6A and 15A subject to the following condition: 1. An additiona120' utility easement is added along the south property line of Block 15A. 2. A plat note is added to read, "Block 15A contains an anadromous stream numbered 231-30-10070-2009 by the Alaska Department of Fish and Game in the Catalog of Waters Important for the Spawning, Rearing or Migration of Anadromous Fishes." Section 2. Signage on Second Avenue be placed to identify the Two Lakes Park location and Parks and Recreation Maps should show access to the area. Section 3. This resolution shall take effect immediately upon its adoption. ~u~ 9 Agenda Statement Meeting Date: January 12, 2009 Through: City Manager Phillip Oate~ From: Community Development Director Christy Terry Agenda Item: RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE FEDERAL ADDITION AVTEC REPEAT, A RESUBDIVISION OF BLOCKS 6 & 15, FEDERAL ADDITION BACKGROUND & JUSTIFICATION: The City of Seward and the Alaska Vocational Technical Center (AVTEC) are working together to consolidate the AVTEC facility on Second Avenue into one State-owned and managed unit. This will be accomplished following this resubdivision by exchanging the newly replatted Block 15A (owned by the City leased by the State of Alaska) with Block 6A (owned by the State of Alaska). The City of Seward can not make the land exchange with the State until the lots are replatted into the proposed configuration. In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. Since the City of Seward is the property owner, the approval of the City Council is also required for this platting action. The Seward Planning and Zoning Commission passed P&Z Resolution 2008-17 at their December 16, 2008 meeting, which recommended approval of the preliminary plat, subject to certain conditions. SUBDIVISION REVIEW: Zoning: Both lots are zoned Institutional (INS). This zoning district has no minimum lot size. Avocation school is a land use permitted outright in this zoning district. The newly created Block 15A contains no structures, but is used as ingress access for both Two Lakes Park and parking behind the vocational school. Vehicles also park along the drive. A parking lot is allowed outright in INS. Setbacks: This subdivision was replatted in such a way as to not create any new nonconformity. The minimum side yard setback requirement is 10 feet and the plat shows 10 feet between the new lot line and the closest point of the existing structure. There are two existing nonconformities that are not increased with this replat: 1) the north building encroaches 1.6 feet into the rear setback and 2) the north building encroaches 2.2 feet into the front setback. Any new construction must meet the setbacks prescribed in Seward City Code. ~0 Page 1 of 3 The relocation of the former interior lot line also solves the nonconformity of the north building encroaching into the former setbacks and being constructed over the former lot line. Utilities: The property is served by all necessary utilities and a subdivision agreement is not required. The utilities not within the platted setbacks will be recorded as written easements. This was negotiated as part of the land exchange. Existin Use: The Alaska Vocational Technical Center is located on Block 6 and Block 15. This replat allows the State to consolidate their interests onto one State owned parcel. The use of the proposed Block 15A is access for Two Lakes Park. This replat insures permanent legal access to the park via Block 15A once the land exchange is completed. Staff Comments• Electric Department: Operation Supervisor Jeff Estes: "There are no easements shown (sic) nor provided to the electric department for the primary electric facilities as agreed." Estes later verbally requested the 10' utility easement on Block 6 continue along the south property line to the west property line to encompass the underground service for the streetlight. Former Electric Utility Manager Tim Barnum: "The Electric Department needs written easements for the electric facilities that serve AVTEC buildings that are not within plated (sic) easements (shown on attached page). We request additional easement to allow electric facilities to continue north and east to exit the property and provide a future secondary source of power into AVTEC facilities and provide for any future development of adjacent property." Fire Department: Fire Chief Dave Squires: "It appears there is not a clear twenty foot wide access without going onto the other property. Is (sic) there provisions to allow this? It appears there is no turn around without going on private property. Is (sic) there provisions to allow this?" Community Development Response: In response to the Electric Department staff Comments• As part of the negotiation process, the State of Alaska agreed verbally and in writing (Kim Mahoney, Project Manager DOTPF Statewide Public Facilities) to provide written easements for the electric facilities that serve AVTEC on the west side of the buildings. These written easements will be provided following Council's approval of the proposed land exchange. The requested additional electric easements on the north and west side of the newly created Block 6A were not included in the final negotiations and staff did not included these in the proposed replat. The easement requested for the south side of the newly created Block 15A is acceptable to the City. To mitigate the impact of not including a 10' easement on the north side of Block 6A staff has incorporated, as a condition to the plat approval, a 20' easement on Block 15A. This has no impact on the City's planned use of this property as access to Two Lakes Park. Page 2 of 3 11 In response to the Fire Chief's comments• The City of Seward has NO present official access across Block 6 (owned by the State of Alaska) or Block 15 (leased by the State of Alaska). The public travels across AVTEC's property without any objections, but also without easement or other legal permission. Obtaining Block 15A as city property will insure the public has guaranteed access to Two Lakes Park. AVTEC plans to keep the existing driveway and access patterns. As part of the negotiation process AVTEC and the City of Seward have agreed to sign mutual Access Permits to provide access to the AVTEC facility and also public egress access from Two Lakes Park. If for any reason the State of Alaska limits the city's use of the driveway crossing Block 6A, then the First Avenue right of way and the portion of paved driveway on Block 15A can be developed to provide a turn around and twenty foot wide vehicle access. Public Comment: Based on public comment presented to the Planning and Zoning Commission, Section 1 of the resolution was updated to include an additional plat note citing the designation of the stream in Block 15A as anadromous. This stream is numbered 231-30-10070-2009 in the Alaska Department of Fish and Game's Catalog of Waters Important for the Spawning, Rearing or Migration of Aadromous Fishes. The catalog lists water bodies that are known to be used by anadromous fish and legally gives these streams and lakes protection as important fish habitat. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: Approved by Finance Department: ~'/Ilfi ATTORNEY REVIEW: X RECOMMENDATION: Approve Resolution 2009- QO'~ recommending Kenai Peninsula Borough approval of the Federal Addition AVTEC Replat, a resubdivision of Blocks 6 & 15, Federal Addition. Page 3 of 3 12 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-17 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE FEDERAL ADDITION AVTEC REPEAT, A RESUBDIVISION OF BLOCKS 6 & 15, FEDERAL ADDITION WHEREAS, the State of Alaska and the City of Seward are working together to consolidate the AVTEC facility into one State-owned and managed unit by exchanging a portion of said property with the City; and WHEREAS, the City of Seward can not make the land exchange with the State of Alaska until the lots are replatted into the proposed configuration; and WHEREAS, Cline and Associates submitted, on behalf of the State of Alaska, a preliminary plat increasing the square footage of Block 6 to 123,477 sq feet and decreasing the square footage of Block 15 to 21,723 square feet by creating Block 6A and Block 15A; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals; and WHEREAS, as required by Seward City Code Section 16.01.015 Conditions to plat approval, property owners within 300 feet of Blocks 6 & 15, Federal Addition, were notified by mail of the' proposed platting action, and the property was posted with a public notice sign; and WHEREAS, this property is zoned Institutional (INS) and the replat does not create any non-conforming structures or lots; and WHEREAS, the current Block 6 is owned by the City of Seward and leased to the State of Alaska until 2054; and WHEREAS, the current Block 15 is owned by the State of Alaska; and WHEREAS, no subdivision installation agreement is necessary because these lots are currently serviced by municipal roads, water, sewer, electric and other utilities. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: 13 Seward Planning and Zoning Commission Resolution 2008-17 Paee 2 of 2 Section 1. The Commission recommends Kenai Peninsula Borough approval of the Federal Addition AVTEC Replat, a resubdivision of Blocks 6 c&15, into Blocks 6A and 15A subject to the following condition: 1. An additional 20' utility easement is added along the south property line of Block 15A. 2. A plat note is added to read, "Block 15A contains an anadromous stream numbered 231-30-10070-2009 by the Alaska Department of Fish and Game in the Catalog of Waters Important for the Spawning, Rearing or Migration of Anadromous Fishes." Section 2. Signage on Second Avenue be placed to identify the Two Lakes Park location and Parks and Recreation Maps should show access to the area. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 16`h day of December 2008. THE CITY OF SEWARD, ALASKA Margaret Anderson, Vice Chair AYES: Anderson, Ecklund, Heinrich, Roach' NOES: None ABSENT: None ABSTAIN: McClure VACANT: Two ATTEST Jean Lewis City Clerk (CITY SEAL) 14 City of Sewnrd, Alaska Planning Commission Minutes December l6, 2008 Volarme 6, Page 238 ~' New Business Items requiring a Public Bearing - RESOLUTION 2008-17, Recommending City Council and Kenai Peninsula Borough Approval of the Federal Addition AVTEC Replat, a Resubdivision of Blocks 6 & 15, Federal Addition, Located on the West Side of Second Avenue Between "A" and "C" Streets Terry stated that the Right-of--Way agent, Al Burton, representing AVTEC was called and participated in the conversation telephonically. E` Notice of public hearing being posted and published as regmred by? law was noted and the public hearing was opened. ` :~.. No one requested to be heard and the public hearing was Terry reviewed Resolution 2007-17 and outlined the negotiations that were reached with AVTEC. She stated the land exchange would appear before Council on January 12, 2009 and the replat would go before the Borough pending the Commissions decision. Terry explained that at the Borough Planning Commission meeting the reversionary clause was postponed until January 26, 2009 due to improper notice. Terry conchided that an additional plat note was added noting block 15A and the stream Homing through the prolaerty catalogued by the Alaska Department of Fish and Game as an anadromous stream. ~ ,' '„ ,,, .,,, McClure recused herself from the Borough level. in ,oiler to vote at the Kenai Peninsula Motion (Heinrich/Roach') Resolution 2008-17 In response to Ecklund, Terry replied that the City asked to put the utility easement on the projected block 15i~ tomeet the Electric Department's request. In dither response tia;~Ecklund, Terry could not address the negotiations in regards to other K~:~: State grapmrGy,; exchange. ~,. Anderson ;;discussed ;fhe Commission's recommendation in April 2007 for the City to request other lands'~~in e~,Clange for this transfer and she mentioned her concern for the access to Two Lakes Park and~t.~e'need for signage. In response to Ecklund, Terry discussed the access to the Park. Heinrich thanked those for putting the information together, noted that the public access to the parks was being preserved and stated he did not have a problem with the agreement. The Commission suspended the rules to allow Kim Mahoney from the Department of Transportation (DOT) to speak. 15 City of Seware~ Alaska Planning Commission Minutes December !6, 2008 Volume 6, Page 2 3 9 Mahoney clarified other properties for exchange had been negotiated with Bob Hicks. She explained egress and ingress to the Park and the access agreement. In response to Ecklund, Mahoney discussed the land exchange in greater detail and noted that AVTEC did not have other property to exchange. She clarified AVTEC was a state owned property. Terry suggested the Commission send comments in regards to the exclange of other pieces of property and staff could draft a letter to be sent to Council. Motion (Roach'/Ecklund) Motion Passed Ecklund confirmed that admini letter regarding the land exchange for Amend Resolution 2008-17 by changing the current Section 2 to Section 3, and add a new Section' 2. Stgnage on Second Avenue be placed to identify `the Two Lakes Park location and; ~ 'Parks and Recreation Maps should show access to the area. Unanimous a copy of the minutes and prepare a Main Motion Passed as Amended - , ~ Unanimous '+""""'~~ RESOLUTION 2008-18, Granting a Conditional Use Permit to CIRI Alaska Tourism, Corp. dba Kenai Fjords Tours to Construct and Operate a 16 Room Employee $unkhouse on Tract A, Clearview Subdivision Number 3, Located West of Alice -,Street Between Resurrection Boulevard and Phoenix Road within 'the Auto Commercial Zoning District disclosed his!;wife was a CIRI shareholder and there may be a conflict of interest. In response;, to Terr`Heinrich stated this h~ansaction did not pose a direct or indirect substantial financial'mterest was disclosed on the APOC forms. Terry stated'~'it was up to the Chair's discretion to decide if it was a direct or indirect substantial financial interest to Commissioner Heinrich. Anderson determined that Heinrich did not have a conflict of interest on this issue. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. 16 P&Z Agenda Statement Meeting Date: December 16, 2008 To: Planning and Zoning Commnission 1~` ,~ ~ From: Community Development Director Christy erry \\\ Agenda Item: A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE FEDERAL ADDITION AVTEC REPEAT, A RESUBDIVISION OF BLOCKS 6 & 15, FEDERAL ADDITION BACKGROUND & JUSTIFICATION: The resolution before the Commission today deals solely with the resubdivision. However, in order to understand the configuration of the proposed blocks, the Commission must understand the impetus behind the request. The City of Seward and the State of Alaska are working together to consolidate the AVTEC facility on Second Avenue into one State-owned and managed unit. This will be accomplished following this resubdivision by exchanging Block 15A (owned by the City leased by the State of Alaska) with Bock 6A (owned by the State of Alaska). The City of Seward can not make the land exchange with the State until the lots are replatted into the proposed configuration. The following timeline docmnents the actions taken towards this goal: April 5, 2007: The Planning and Zoning Commission approved Resolution 2007-07 recommending Council approval of the conveyance of Block 6 to the State of Alaska. The Commission fotmd that the conveyance was in the public's interest and that the public health, safety and welfare would be preserved. The Commission also found that the conveyance was not contrary to the Comprehensive Plan or the Strategic Plan. The Commission recommended that as a provision the Council require the State of Alaska to provide a field assessment for existing and potentially required drainage features, utilities and other features of the parcel, including entry and exit access to and parking for Two Lakes Park in cooperation with the City of Seward staff, to be preserved by easement or other forms of reservation prior to final platting. April 23, 2007: The Seward City Council approved Resolution 2007-037 authorizing the City Manager to begin negotiation with the State of Alaska for the disposal of Block 6 in order to achieve ternis satisfactory to both parties and including the Commission's recommended provision. Page 1 of 4 1'7 Apri12007-August 2008: As directed, City of Seward staff conducted negotiations with the State of Alaska. September 8, 2008: Community Development Director Bob Hicks presented the negotiated position for the land exchange to the Council under New Business during a Council Meeting. Council discussed and directed city staff to proceed as follows: • Pursue replatting the property per the Cline and Associates AVTEC replat dated 5/26/08 • Pursue conveyance of Block 6A to the State, consolidating State ownership of the property under the AVTEC facilities on this site • Pursue the State's conveyance of Block 15A to the City, giving the City a permanent ownership access to Two Lakes Park • Pursue the State's conveyance of a 30-ft utility easement from A Street back to First Avenue to the -City, which is needed for regular power service and for emergency power in the event of a tstmami • The Borough must release the reversionary clause from Block 15A, so that the City can use it for access to the park and not be limited to "educational purposes" • Pursue entering into a simple access agreement allowing AVTEC to use that park road for access to the back of their buildings on the new Block 6A September 25, 2008: The State of Alaska received confirmation from Kenai Peninsula Borough Staff that they would support releasing the educational use land deed restriction and reversionary interest on the proposed Block 15A. This information was sent to the City as requested. The Ordinance for Assembly approval of the release is scheduled for introduction on November 18, 2008. November 18, 2008: Replat before the City of Seward's Planning and Zoning Commission for approval. The Planning and Zoning Conunission did not have a quorum to conduct the meeting. November 18, 2008: The Assembly referred KPB Ordinance 2008-34, authorizing the repeal of an education use deed restriction with reversionary rights on a parcel of land in the City of Seward that was deeded to the State of Alaska by the Kenai Peninsula Borough, to the KPB Lands Committee for a hearing on January 6, 2009. December 16, 2008: Replat before the City of Seward's Planning and Zoning Commission for approval. SUBDIVISION REVIEW: Page 2 of 4 18 Zoning: Both lots aze zoned Institutional (INS). This zoning district has no minimum lot size. The use on Block 6A of the vocational school is allowed outright. Block I SA contains no structures, but cars park on this lot. A parking lot is allowed outright in INS. Setbacks: This subdivision was replatted in such a way as to not create any new nonconformity. The minimum side yard setback requirement is 10 feet and the plat shows 10 feet between the new lot line and the closest point of the existing structure. There are two existing nonconformities that are not increased with this replat: 1) the north building encroaches 1.6 feet into the rear setback and 2) the north building encroaches 2.2 feet into the front setback. Any new construction must meet the setbacks prescribed in Seward City Code. The relocation of the former interior lot line also solves the nonconformity of the north building encroaching into those former setbacks and being constnicted over a lot line. Utilities: The property is served by all necessary utilities and a subdivision agreement is not required. Existing Use: The Alaska Vocational Technical Center is located on Block 6 and Block 15. This replat allows the State to consolidate their interests onto one State owned parcel. The use of the proposed Block 15A is access for Two Lakes Park. This replat insures permanent legal access to the park via Block 15A once the land exchange is completed. Staff Comments: Electric Department: Operation Supervisor Jeff Estes: "There are no easements shown (sic) nor provided to the electric department for the primary electric facilities as agreed." Estes later verbally requested the 10' utility easement continue to along the south property line to the west property line to encompass the underground service for the streetlight. Former Electric Utility Manager Tim Barnum: "The Electric Department needs written easements for the electric facilities that serve AVTEC buildings that are not within plated (sic) easements (shown on attached page). We request additional easement to allow electric facilities to continue north and east to exit the property and provide a future secondary source of power into AVTEC facilities and provide for any future development of adj acent property." Fire Department: Fire Chief Dave Squires: "It appears there is not a clear twenty foot-wide access without going onto the other property. Is (sic) there provisions to allow this? It appears there is no turn around without going on private property. Is (sic) there provisions to allow this?" Community Development Response: In r~onse to the Electric Department staff comments_ As part of the negotiation process, the State of Alaska agreed verbally and m wasting (Kim Mahoney, Project Manager DOTPF Statewide Public Facilities) to provide written easements for the Page 3 of 4 19 electric facilities that serve AVTEC on the west side of the buildings. These written easements will be provided following Council's approval of the proposed land exchange. The requested additional electric easements on the north and west side of the newly created Block 6A were not inchided in the final negotiations and staff did not included these in the proposed replat. The easement requested for the south side of the newly created Block 15A is acceptable to the City. To mitigate the impact of not including a 10' easement on the north side of Block 6A stat~f has incorporated, as a condition to the plat approval, a 20' easement on Block 15A. This has no impact on the City's planned use of this property as access to Two Lakes Park. In response to the Fire Chief s comments: The City of Seward has NO present official access across Block 6 (owned by the State of Alaska) or Block 15 (leased by the State of Alaska). The public travels across AVTEC's property without any objections, but also without easement or other legal permission. Once this plat is approved by the Commission, the plat and land exchange will move forward to Council. Obtaining Block 15A as city property will insure the public has guaranteed access to Two Lakes Park. AVTEC plans to keep the existing driveway and access patterns, but if for any reason the State of Alaska limits the city's use of the driveway crossing Block 6A, then the First Avenue right of way and the portion of paved driveway on Block 15A can be developed to provide a turn around and twenty foot wide vehicle access. Public Comment: Based on public comment, Section 1 of the resolution was updated to include an additional plat note citing the designation of the stream in Block 15A as anadromous. This stream is numbered 231-30-10070-2009 in the Alaska Department of Fish and Game's Catalog of Waters Important for the Spawning, Rearing or Migration of Anadromous Fishes. The catalog lists water bodies that are known to be used by anadromous fish and legally gives these streams and lakes protection as important fish habitat. If any additional correspondence is received after publication of this agenda statement, it will be presented as a lay down item at the Commission meeting. RECOMMENDATION: Approve Planning and Zoning Commission Resolution 2008-17 RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE FEDERAL ADDITION AVTEC REPEAT, A RESUBDIVISION OF BLOCKS 6 & 15, FEDERAL ADDITION. Page 4 of 4 ~; d U.5.5. 70J ° gnu°w. 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I _... i ~ ,; ~ _~ ,_ -. ,~ ! ...a ~ _.~ P & Z Reso 2008-17 Blocks 6 & 15, Federal Addition AVTEC Replat 130 260 Feet D STREET _.__..._ I_____.._._ 1 W~ I A STREET _.._._...._._i __...__ , :, ,i i ___ I ~' .:__I MONROE STREET ~~ P & Z Public Hearing, 12/16/2008 N ~°°a°°^'AVTEC Second Avenue Facilit s"eac"°• West of Second Ave, Between A & C Alaska Map Company Dace: December'I6, 2008 Sponsored by: Yoder ~, CTT'Y OF SEWARD, ALASKA p~~INRESOLUTION 20070~ISSION A RESOLUTION OF TSE S C ,~ OFA SEWA~~~' OA ~' COMIVIIS51ON OF 'I'mo COUNCIL APPROVE RECOMMENDING TBE SEWARD CITY TIIE CONVEYANCE OF BLOCK 6 ALSO~DEO OG0004 ORIGINAL R 1W SEC 10 5EWARD MERIDIAN~L ADDN (SCHOOL TOWNSTI'E OF SEWARD EDUCATIONAL FACILI'LLES~ATE OF ALASKA (AV'fEC) FOR grgEItEAS, Tha State of Alaska through the Alaska V oae°n described as Center (AVTEC) has formally requested the conveyance of the real p p final Townsite of "Block 6" T lS R 1W SEC 10 Seward Meridian SW 0000004 Orig Seward Federal Addn (School Reserve); and WHEREAS, The State desires to consolidate their underlyingr an a~lda dgs for the AVTEC facility to further support the mission of their educational p gr roe is currently occupied with the Old Armory VygEREAS, The subject p am and the new Distant Leammg Building also used Building in use by the AVTEC progr arking and landscape; and by the AVTEC program, driveways, p WHEREAS, Block 6 is currently leased to the State of Alaska for purposes of operating an educational facility with a term through the year 2054; and WHEREAS, The City of Seward after public hearing, finds that ownership of Block 6 by AV'I`EC for educational facilities is an appropriate community development use of the land and the use required of the original patent; and WHEREAS, Public utilities and drainage features exist across and/or within the subject property that will require field location, verification and corresponding easements for their preservation and maintenance; and WHEREAS, The conveyance, as proposed, is in the public's interest. The City is urged to request other lands in exc a behind Forest Acresr and h as the State Shop Site, Fifth and B Street parcel, and acreag WHEREAS, having complied with the public notification process; on April 5th, 2007, the Seward Planning and Zoning Commission held the required public hearing on the conveyance of municipal lands. 23 Seward Planning and Zoning Commission Resolution 2007 - 07 Page 2 NO'W, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Planning and Zoning Commission has reviewed the request and recommends that the Seward City Council approve the conveyance of Block 6 and finds the transfer of ownership is in the public's imerest and the public health, safety and welfare will be preserved through such action Section 2. The Planning and Zoning Commission finds the conveyance of Block 6 is not contrary to the Seward Comprehensive Plan 2020 or to the Seward Strategic Plan of 1999 and is generally supported by the goals, objectives, visions and values concerning educational facilities, stated therein ion 3. The Planning and Zoning Commission finds that certain utilities that exist, or may be required in the future, on the subject parcel and, drainage features associated with the proper drainage of adjacent private properties and public rights of way require preservation by easement in the platting process. The transfer shall, therefore, be subject to the following provision: J I. The State of Alaska shall provide, or cause to be provided, a field assessment for existing and potentially required drainage features, utilities and other features of the parcel, including entry and exit access to and parking for Two Lakes Park in cooperation with City of Seward staff, to be preserved by easement or other forms of reservation prior to final platting. Section 4. This resolution shalt take effect immediately following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of April, 2007. THE CITY OF SEWARD \.. / .Y rianna Keil, Chatr /Sy 24 Seward Planning and Zoning Commission Resolution 2007 - 07 Page 3 c. AYES: Anderson, Ctark, Hoh1, Keil, Roach', Smith NOES: None ggg~T: Hicks ABSTAIN: None ATTEST: ,~~d~y pF .,Ef;99.~ (City Seal) ~ C~r~~~~ R9~~o~ 5~~~ m -.- ~~ ~ ~ ; `'~~`TE' QF ~L :o~' x t f r~ ~' `~ ~ ~ ~~ lean ewis, City` Jerk 25 - CiryofSewardRlaskn S, Plortning Commission Mimrtes Volume 6, Page 178 W illiams discussed conversations with AVTEC regazding perpetual easements, pazking and access to the park. In response to Keil, Williams surmised the High School was built over the right-ot~way in 1956. He stated the details of the transfer would be decided upon by Council. Kell spoke in support of the vacation as submitted. • Hohl stated the square footage being given away would limit the City's negotiation with the Block b conveyance. Commission recessed from 9:15 to 9:25. Kell .read Kenai Peninsula Borough Code allowing, in some cases, the entire width of the vacated right-of--way to attach to one parcel. Hohl read the State Statutes attaching the width in equal proportions with one exception. Tn response to Hohl, Williams stated the Planning and Zoning Commission in their advisory role was to review this item prior to being decided on by Council. In fiutber response to Hohl, Williams stated the 6t° V/hereas clause was refereeing to the City Manager. Motion Passed Yes: Anderson, Clark, Keil, Roach', Smith No: Hohl '"~-"' Resolution 2007-07, of the Seward Planning And Zoning Commission of the City of Seward, Alaska, recommending •the Seward City Council approve the Conveyance of Block 6 also Described As: T 1S R 1W SEC 10 Seward Meridian SW OOOOOOA Original Townsite of Seward Federal Addn (School Reserve) BLK 6 to the State of Alaska (AVTEC) for Educational Facilities Williams stated this was the companion resolution to the preceding vacation. He outlined the current use of the property. He noted the provision in Section ]. Notice of public hearing being posted and pisblished as required by law was noted and the public hearing was opened. Kerry Malin, inside city limits, reconunended disposal of the property but stressed the need to receive adequate compensation. He outlined some of the available State property. In response to one of Martin's suggested properties, Randy Stauffer, inside city limits, clarified the State's ownership claims for resources in navigable waterways. No one else requested to be heard and the public hearing was closed. 26 Ciry ojSeward Alwlra PlannLrg Commission Minutes Volume h, P e 179 J Ertl S 1007 Williams clarified the City of Seward did not have school powers and would not likely be operating a school on the site. Motion (AndersonlClark) Approve Resolution 2Mi7-07 W illiams confirmed for Anderson that his recommendations were included in the resolution Anderson discussed her access concerns into Two IxJces Park. Motion (Anderson/Hohl) Amend Section 3. item 1 following `other features of the parcel,' add `including entry and ezit access to and parking for Two Lakes Park.' Hotel spoke in support of the amendment and stated this should also be addressed in the platting process. Williams spoke in support of the need fot access to be outlined in the resolution. Anderson discussed the need to have access on the North end of the property. Williams stated the State owned the parcel on the North end and they would have control over the tratyic flow, He stated the provision for access could be used as leverage by the Council. Commission discussed the most appropriate language for the amendment. Motion Passed ilnanimona Kell and Roach' discussed the public's interest in the conveyance. They noted AVTEC and private business' contributions to the community. Hotel slated this asset had monetary value in either cash or trade. She supported obtaining comparable compensation. Hotel noted the City could pay the Federal Government to remove the educational restrictions. Motion (Anderaon/Hohl) Amend the 7t1i Wheress Clsus tollowing `interest.' to add `The City is urged to request Other lands in ezchange for this transfer, such as the State Shop Site, Fifth and B Street parcel, and acreage behind Forest Acres.' Williams suggested the Commission send a letter to Council with. their recommendations. 2'7 City of Seward Alaska Planning Commission Minutes Aprt15 2007 Volume 6, Page 180 Smith supported not giving the land away, but stated the negotiators should be allowed to negotiate the best deal Roach' and Hohl spoke in support of the amendment. Hohl stated it was cleaner to outline the Commission wishes in one document. Clark supported Council's ability to negotiate. Anderson spoke in support of her amendment, but suggested following up with an additional letter. Motion Passed Yes: Anderson, Clark, Hohl, Roach', Smith No: Keil 1 Main Motion Passed Unanimous By general consensus, the Commission directed Administration to write a letter to Council with recommendations regarding conveyance of Block 6. Unfinished business January 4, 2007 Regular Meeting Minutes Hohl suggested postponing the minutes one more time to allow her to submit her amendments in writing by Monday to the Executive Liaison. Motion (Anderson/Clark) Approve January 4, 2007 Regular Meeting Minutes Motion (HohVClark) Postpone the January A, 2007 Regular MeetiuglVlinutes Teat' read SCC §2.10.060 allowing Council Members to allow their remarks to be reflected in the minutes verbatim. She noted in the absence of Rules of Procedure for the Commission, Council rules were To]]owed. 1Cei1' spoke against the postponement. Motion trailed Xes: Huhl, Roach', Smith No: Anderson, Clark, Kcil Hohl began her amendments to the minutes. Clark and Keil discussed their concerns with Hohl's amendments. 28 Sponsored by: Yodor ~ C.PTY OF SEWARb, ALASKA RESOLUTION 2007- 037 A RESOLUTION OF THE CITY COUNCIL OF TAE CITY OF SEWARD, ALASKA AUTHORIZING THE NEGOTIATION FOR THE CONVEYANCE OF BLOCK 6 ALSO DESCRIBED AS: T 15 R 1W SEC 10 SEWARD MERIDIAN SW 0000004 ORIGINAL TOWNSITE OF SEWARD FEDERAL ADDN (SCHOOL RESERVE) BLK 6 TO THE STATE OF ALASKA DEPARTMENT OF LABOR ALASKA VOCATIONAL TECHNICAL CENTER (AVTEC) FOR EDUCATIONAL. FACILITIES WHEREAS, the State of Alaska ("State") through the Alaska Vocational Technical Center (AVTEC) has formally requested the conveyance of the real property described as "Block 6" T 1S R 1 W SEC 10 Sewazd Meridian SW 0000004 Original Townsite of Seward Federal Addn (School Reserve); and WHEREAS, the State desires to consolidate their underlying land holdings for the AVTEC facility to further support the mission of their educational programs; and WHEREAS, the subject property is currently occupied with the Old Armory Building in L use by the AVTEC program and the new Distance Learning Center Building also used by the AVTEC program, driveways, parking and landscape; and WTiEREAS, Block 6 is currently Ieased to the State of Alaska for purposes oI' operating an educational facility with a term through the yeaz 2054; mrd WHEREAS, the City of Seward, fords that ownership of Block 6 by AVTEC for educational facilities is an appropriate community development use of the land and the use required of the original patent; and WHEREAS, the public utilities and drainage features exist across and/or within the subject property that will require field location, verification and corresponding easements for their preservation and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby authorizes negotiation for the conveyance of Block 6, also described as: T IS R 1W S.EC 10 SEWARD MERIDIAN SW 0000004 ORIGINAL TOWNSITE OF SEWARD FEDERAL ADDN {SCHOOL RESERVE) BLK 6 to the State of Alaska, Alaska Vocational Technical Center, for educational facilities. w.. 29 CITY OF SEWARD, ALASKA RESOLUTION 2007-037 Section 2. The Seward City Council authorizes the City Manager to begin negotiation with the State of Alaska for the disposal of Block 6 OTS to achieve terms satisfactory to both parties for the transfer of the parcel subject to the following provision: The State of Alaska shall provide, or cause to be provided, a field assessment for existing and potentially required drainage features, utilities and other features of the right-of-way, in cooperation with City of Seward staff, to be preserved by easement or other forms of reservation prior to final platting. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Councii of the city of Seward, Alaska, this 23`d day of April, 2007. THE CITY OF SEWARD, ALASKA .: ~ !• , Vanta Shafer, Mayor AYES: Dunham, Valdatta, Thomas, Bardarson, Amberg, Shafer NOES: None ABSENT: Schafer ABSTAIN: None ATTEST: Je Lewi~, C: C y Clerk `-•~ (City Seal) arrtuerrgr ~`~ o ~ G `, ~ 4,,`S~~ , ~QpIIO~Q.r~~O w ,: , J~ 's i i City afS~wm~A, Alaska City L"ouncil d4inu3eS- ;9pr112,i .2007 Yafuine 37: Paxe 332 r: i kk_' ' for' the estimated cost of the improvements, and the next step was %o snfoiin the property owners ~"t (who may have increased) that the.tinal cosks were calcolafed and the:assessment wac going Convard The property owner who sold the lots should have to.id the piurchas~rs about this assessment and the. , estimated cost of the lime oFthe sale. ' Motion Passed: Unanimous.. ~ UNFTNISIiET) BUSINESS -None NEW BT1STIv"ESS .. I Resolutions:. ,: ._ ;.: Resolution 2007-037, mitliorizing ttie negotiation for the conveyance ofBloc-k 6 also described ~~ as: T15, Rl'1V, Section 10 Seward Meridian SW 0000004 Original Townsite ofSewai•dFederal:' :..'' : ` ` ; Addition (School Reserve) Block 6 #o tlic State of Alaska Department of Labor Alaska Vocational Technical:Center (AVTEC) for education facilities., Yoder stated this projeetwas a long time coming. It had rdcentty ggne through the pienning . commission and AVTEC had been using the (and heionging to the city.. AVTTC was', novr asking tkie: ; , : , '... -. city io transfer the land to them. ~.: ~. ~; ; Motion (Thomas/Amberg) ~ App~nve Resolution-2007 037 Council conveyed their wish fo negotiate this conveyance and exliressed their wishes to,go : ; ` : ... . fonvard_ in discussing a land swap. Parking and :First Lake aceess'was an' important issue aud' . '' .', concern to the council. Yoder assured the council parking and access was a lazge part of the negotiations up to this poinC. Motion Passed:_ .. Unanurious Resolution 2007-U38: recommending Kenai Peninsnla.Borough approval of the Vacation of _, . ... ,. , ......... a n' ~ - .. :.. ~~ B Street between First Avenue :md Second Avenue: ' Motion (Tlioinas/Barilarsoii) Approve Resolution 2007 038 Mutian passed Uua,nmous' Resolution 2007-0A1, aathorizing the cdy manager to paretic envii`onment~l :permits i'or the "2007 Red Line" alignment fo.r the North Forest Acres Levcc/Itond project, and to pursue property ai;gtiisition... rr,+. Yoder directed.cotmcil to tlie.:levee al.i~mmenf comparisons before tfiern The ` Ked Line" 'F version was. the most acceptable to agencies. Tt was requested by the agencies That some tots tie ~? `. piitchu6gd to tie tiiriied intro a conservation easement. Art ~pprasa] had been.Tequesfed_q.(MacSvaut > 31 City of Seward. ~i/aska ~ Cig, Council ,tifinules September 8, 1008 1'aluute 37, Pace 6J! "~-~arKSauct-~eation was painting bathrooms, the Hoben Park Fountain was completed, and ,,,,,,, Sports and Ree was busy with leagues, tournaments, and various community events. Iu other areas, the final price of the Long Tema Care Facility construction was $21 million and change, which was down $23 million from the Unit Company bid, as directed by the council. Oates thanked Frank Dahl and The Pit Bar for their many contributions and #iutdraisers in the last year. '11te City of Seward received their recertifcation as a Tsunami Ready community along with attaining the Stornt Ready designation. lnfbnnational sheets on the two ballot propositions went out in utility bills this week as well as online. Oates met w>ith the Chamber [o discuss these initiatives and the efficiency study. Council had conducted two work sessions ntt the efficiency study, and more were to come. Oates hoped to get through these issues before the budget time. City Attorney's Report. Cheryl Brooking stated the attorneys gave advice on taxes and fees, proposed contracts, resolutions, ordinances, administrative matters, employment issues, ballot and voter qualification issues, aspects of the proposed levee project, options to extend leases, lease amendments, and provided infornation on flood management. tii%ith regard to the Small Boat Harbor and SMTC, the attorneys provided assistance with various harbor and SMIC land use matters such as harborcompliance, environmental issues, leases and contracts. The attorneys continued with on going mediation and settlement discussions with the Resurrection Bay Conservation Alliance lawsuit. Port and Commerce Advisory Board Report. Ron Loag stated the board passed a ».. resohdion to come forward to recornmend a zoning district and potential uses for south harbor uplands. The board thought it best to be less restrictive in the uses allowed and many possibilities were suggested. He welcomed Kari Anderson as an ex officio member of the PACAB and mourned the loss of staff, as Anne Bailey would no longer provide administrative support to the board. A vacancy was created by a member who was not attending meetings anymore. The next work session topic was the introduction of the harbor ttudget and their next resolution would be arecommendation to council on what to do with the 250-ton traveli(1 policy and storage area. Other Reports, Special Presentations Yice M1iayor Willard Dunha:u gave a report on the AML Summer Conference of Alayors. OTHER NEW BUSINESS Discussed, reviewed and sought guidance on the AVTEC land exchange concept. Commemity .Development Director Boh Hicks briefed the cotmcil on the present situation tivith the AVTEC land exchange concept. After much discussion and 'information presented, council directed staff to continue the land exchange project. Discussed scheduling the Economic Work Sessioe-. Oates briefed the council and public on the --. letter received by the Chamber of Commerce, who had declined participating in this suggested work session. After discussion, council directed staff to not schedule another economic work session. 32 G' DATE: October 27, 2008 ~;- TO: Tim Barnum, Electric Utility Manager 'J Jeff Estes, Field Engineer Tom Clemons, Police Chief David Squires, Fire Chief Stefan Nilsson, Building Inspector W.C. Casey, Public Works Director Christy Terry, Community Development Director FROM: Donna Glenn, Associate Plann r 5UBJ: Replat of Blocks 6 and 15, Federal Addition, AVTED Replat AVTEC and City Administration have submitted the following replat. This replat will re- subdivide Blocks 6 and 15, Federal Addition. This is the Second Avenue AVTEC facility, the area West of Second Ave., between A and C Streets. Please return this memo to Community Development by Friday, November 7~ so that your comments can.be included in the work session and the CUP staff report. Planning and Zoning Public Hearing is scheduled for November 18, 2008 at 6:30 pm. ^ I Have No Comments On this Case I Have Comments On this Case: (attach separate sheet if needed) Comments: ~1~0~~ ~, ~ ~~~f ~a~' ~~ MEMORANDUM ~ ~ ~~~ ~~~~ ~S o v~'~J ~~ ~e~ ~ ~ ~~ ~ ~~C~~~G -~~GI I ~ ~ fih ~~ ~s 3 Daze t~o ~~ ~ fir` w`~~%` ,, MEMORANDUM DATE: October 27, 2008 TO: ~! Tim Barnum, Electric Utility Manager Jeff Estes, Field Engineer Tom Clemons, Police Chief David Squires, Fire Chief Stefan Nilsson, Building Inspector W.C. Casey, Public Works Director Christy Terry, Community Development Director FROM: Donna Glenz, Associate Plann r SUBJ: Replat of Blocks 6 and 15, Federal Addition, AVTED Replat AVTEC and City Administration have submitted the following replat. This replat will re- subdivide Blocks 6 and 15, Federal Addition. This is the Second Avenue AVTEC facility, the area West of Second Ave., between A and C Streets. Please return this memo to Community Development by Friday, November 7th so that your comments can be included in the work session and the CUP sta$ report. Planning and Zoning Public Hearing is scheduled for November 18, 2008 at 6:30 pm. ^ I Have No Comments On this Case I Have Comments On this Case: (attach separate sheet if needed) Comments: ,sc r: c ~~ -~ ~.~y~. /lwds wr;-~~~.- eaaesx.,.,,~5 n ~~.-~ +~ e(+c~r;c {•owt~~~~Y~S 11 h w~ ~ `w/ K V TC C ~/i ld ••yy 5 d-G.. -~ Cy/1- Hr-(- ~.s. 7CCl P.G•.StM~/w L+ i ~ l• : i.. ~ /a S G I [ ~ CSliou., a,. w7~o.cA+~ per.) ~/[. /..9v~4S ~ add:~~a....( 1r / 1 C•5<rnav~~5 Ye a~~o-•/ ¢~tGfY.t. /...~,'~: }•`~~ ~0 6dnf~n~l/t- /1 oral. e.nd aa i~ ~,e 2K%'~- '~'Is nr-I" ~~r an L~ ~Orw. d,- ~ ~v~,,,-~ S..ca,.d».y S..vro.. vf• ~Jew~r : n le AVT~c- ~:•crl:~~`~J +»d ~prrv:d~ ~- "`1' ~"~""- Signed Date 34 i I ~ ~ - ~ ~--- ~ ~- I ¢---- ~ I I I ~ II I 10 I I I I r------I r-------1 r-------i I - i 2 I Iv i I ~ __ ~ ~ BLIXX 16 I OI II I I I I t8 I l ` J ~20~ - L ;, L ~~ 1~ J ~ 1oo.2T - i19.7e• N ~ I ' ~ b C Street e ~ I o o e I Q v.. N8958'47"W 220.00' i / ~ i 180.00' 2 58958'4T ~ ~, ~ 100.77 I I ~ `^ '" BLOCK 15A ~~-~~ ~, ,,~'$ .'..'. ' I I o ~ I 21,7Z35.F. '~ r~ ~A11a'~~ ti. ._ lo- - ~' 33;~-` < E: .... . 5~ ' ' i ~ I t ~,,ryp , ' ~. +. ~ - - - I I H I ,.. ~... , i.'.'. `3.. ~~ ' ' ' ~ °' ~ I ~ '° I I y V. . e j'. . . ~ I_ - ~ I I ':::A .... o... ~....'.'..... .'.. r `er ~~ ~ •N a c ~ i 11 i I ~- ~ I I ... E I.. .. o ~ '" I ' m ~ I I I .. m . .,~ I~ .. rni ~d~;, .. ~ f2 -J ~ I ........ .' BLOCK 6A , ---- I / a / ' :.~... .. N ~ B Street ~ wmrfwlu." ---- ; -~ ~ f .~. ~.~.~. Ad m ' S \~ .~ - - ¢ I . Tv I 4 ~~ 1 ~ ~-- -- I . . 9 _ ~ ;.. .o ~~I tl~l~~. I.. ... 0. I I I I qa :.'. I ~L ..'.' ~ i '.:.~. i .. ~ i.. e"~ I e ~ i ~ D[ED O Y IL'.~. , ~ : I ~ I ~ I 9 I I $.. ,.. .... . ..... !'~ 1~ O o M.'. l ... ~ ~ ..' ................... I I 10 - _ _ m 1 ~._ ~~ .. ..... .... ... ... ~ ' ~ ~ ~ -~ ~ ' ' ' ~ m _' ~ I I ` .. . . ~ ~ ... . . ... . I ~ I ~` .. • . r __ ... I 10 1 1~ '1 \ I m I I /~~ ~~~ /~\ yn/' ~C~1~~2 1 \ ~~ \l.iV~ I I 1 ....i I... ~ I V ` MS I ,. ~. I '~ 1G I ' ~ j I 11 I ~ 1 lf\ '{ '• I I .. 1 I ..... I ~.~ I I ~ i. .... .... j ~Iw Fsmnt I II J Ir___ B ~ - O' ppp ~`~~ \\ 17, j~~~ ~ 1 i nl o ~ `~ 8957'21' 220.06 _ 1 ~ ~ 1( !Street e y C ~r~F-' 1, ~ I 7 ~ ~, .~ yam, .~ 2 I r 2 ~ wina[1 IS ~ 35 ~V-uv vo. iL. Y~fIN•1.1 tY OT aewa ra DATE: October 27, 2008 MEMORANDUM TO: Tim Barnum, Electric Utility Manager Jeff Estes, Field Engineer om Clemons, Police Chief /David Squires, Fire Chief Stefan Nilsson, Building Inspector W.C. Casey, Public Works Director Christy Terry, Community Development Director FROM: Donna Glenz, Associate Plann SUBJ: Replat of Blocks 6 and 15, Federal Addition, AVTED Replat # l/ l AVTEC and City Administration have submitted the following replat. This replat will re- subdivide Blocks 6 and 15, Federal Addition. This is the Second Avenue AVTEC facility, the area West of Second Ave., between A and C Streets. Please return this memo to Community Development by Friday, November 7th so that your comments can be included in the work session and the CUP sta$ report. Planning and Zoning Public Hearing is scheduled for November 18, 2008 at 6:30 pm. o I Have No Comments On this Case I Have Comments On this Case: (attach separate sheet if needed) Comments: lsrr } ~ ~,,,.~ ~` , a-} W ~ a,6 P C GCes W t }>,~ w-~ ~. ~-E aQ~es~-c5 -fl,srE 1S Nb"t' A G ~ ~otr5 o,~-;co }},E o-}hEr `n~aPs~~~. ~s -k~,£cs prov-s~DN~ ~-e pilaw }1~is? Z. ~-I' P1~~~~ -FI.ESe ~s No ~-ur~ Arovi~s~ w~~'t,~u,.~r o~ot,.S a.~ pr~,~ais -PceQe~~~. ~S ~ti,~or ~-~oV14~~sw1s a-o nllOq ~Iti~S? bg ~oT3 Signed Date 36 ~•. ".r~ ~. ;~ Sponsored by: Oates Introduction Date: December 8, 2008 Public Hearing Date: , 2008 Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2008-020 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING VARIOUS SECTIONS OF THE SEWARD CITY CODE TO REQUIRE THE CITY OF SEWARD PROVIDE A BIENNIAL BUDGET BEGINNING FISCAL YEAR 2010 WHEREAS, on March 24, 2008 the Seward City Council approved Resolution 2008-025 which proposed City Charter revisions allowing the City's annual budget year to go on a biennial schedule, and be submitted to the voters of Seward at the October 7, 2008 regular city election; and WHEREAS, on October 7, 2008, the voters approved Proposition No. 2, which amended city charter revisions 5.4(d), 6.2 and 6.3(c) by a passage of four votes; and WHEREAS, administration and the city council requested a biennial budget to reduce the amount of time spent in annual preparation, and to better focus on long-term fiscal planning rather than continual short-term budget preparation, thus becoming more efficient; and WHEREAS, the biennial budget will reflect a 24-month budget covering two calendar years, with estimated revenues and detailed appropriations authorized for both calendar years at the time of passage by the City Council. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD ORDAINS that: ( ~~~~ oRt =deletions, bold italics =additions): Section 1. Seward City Code Section 2.20.035(9) City manager duties, is hereby amended to read: 9. He shall present to council ~ a biennial budget proposal for the city pursuant to § 5.05.010 of the Seward City Code. Section 2. Seward City Code Section 2.25.045(3) Finance Department-Powers and duties, is hereby amended to read as follows: (3) Review the proposed ar~xal biennial budget for all departments of the city and consolidate them into a proposed awl biennial city budget for presentation to the city manager and city council; 38 CITY OF SEWARD, ALASKA ORDINANCE 2008-020 Section 3. Seward City Code Section 5.05.010 Submission; contents, is hereby amended to read as follows: 5.05.010. Submission; contents. The city manager shall present to the council a budget proposal for the next two fiscal years of the city at least 45 days prior to the next biennial fiscal year. Such budget proposal shall set forth the city manager's recommended tax rate based on an analysis of the anticipated income and expenditures of the city dirri-ng for the next two fiscal years. The proposed expenditures set forth in the budget proposal shall not exceed the expected revenues of the city. Unencumbered funds remaining at the end of th~~rre=== each fiscal year may be reallocated for purposes set forth in the budget proposal. The council shall by June 15 of each year present to the borough assembly a statement of the city's rate of levy, unless a different date is agreed upon by the borough and city. Section 4. Seward City Code Section 5.05.015 Review; hearing; adoption, is hereby amended to read as follows: 5.05.15. Review; hearing; adoption. The budget proposal of the city manager shall be reviewed by the council and shall be available for public inspection in the office of the city clerk. Council shall direct that a public hearing on the biennial budget proposal shall be held not less than one week before its final adoption. Notice of the public hearing shall be published in a newspaper by the city clerk at least one week prior to the date of hearing. At a regular meeting held not less than ten days prior to the end of the fiscal year, the council shall, by resolution, adopt a budget for the F ' next two fiscal years and make appropriation of the money needed therefore. If the council does not adopt a biennial budget prior to the third day preceding the commencement of the next fiscal year, it shall be held to make an appropriation therefore, without any further council action. Section 5. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF 'I'IIE CI`1'Y OF SEWARD, ALASKA, this day of 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor 39 __ COUNCIL AGENDA STATEMENT Meeting Date: December 8, 2008 ~/ Through: Phillip Oates, City Manage~~/yl From: Kristin Erchinger, Finance Director r RE: Biennial Budget BACKGROUND & JUSTIFICATION: The Seward City Council approved Resolution 2008-25 on March 24, 2008, authorizing a ballot measure to be placed before the voters on October 7, 2008, seeking voter approval to replace the current annual budget process, with a biennial (once every two year) budget. The voters approved a biennial budget process by a vote of 207 to 204. Voter approval effectively amended the City Charter, and Ordinance 2008-~0 would amend the Seward City Code accordingly. The biennial budget is intended to reduce the amount of administrative time spent in preparing the budget, in order to focus more effort on long-term fiscal planning efforts and enterprise fund tariff reviews. It will also free up stafftime and Council time, improving efficiency. In 2009, the administration will begin to prepare the first biennial budget, which will reflect a 24- month budget covering two calendar years, 2010-2011. The anticipated revenues and expenditures for both calendar years will be appropriated when Council approves the budget. As is currently the case, modifications or amendments to the operating and/or capital budgets can be brought before the Council at any time, by way of a resolution. Therefore, there will not be a full budget process at the end of the first calendar year of a two-year budget, but there will be an opportunity to amend the budget to reflect updated information and/or assumptions. CONSISTENCY CHECKLIST Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: There are no costs associated with implementing the biennial budget, other than typical administrative costs associated with budget preparation. Approved by the Finance Department vl~ u ` ATTORNEY REVIEW: X RECOMMENDATION: City Council enact Ordinance 2008-~_ amending the Seward City Code to provide for a biennial budget. ~~ .. ~ ~` i 6`~'1 ~ ~ ~ ~~~J~L'~~ t ~-~~~ -' `~ "`' Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING GRANT FUNDS IN THE AMOUNT OF $30,000 FROM THE KENAI PENINSULA BOROUGH FOR THE MILL STREET AND SECOND AVENUE AND MILL STREET AND VISTA AVENUE DRAINAGE PROJECT WHEREAS, the 10-foot wide drainage easement that currently exists adj acent to Block 13A is not sufficient in width to facilitate maintenance of the drainage ditch east of Second Avenue; and WHEREAS, the first option to correct the problem is to convey the flow southerly in a storm drain pipe, but potential issues include water/sewer conflicts and freezing of the storm drain; and WHEREAS, the second option to correct the problem is to convey the flow into a new drainage ditch located along the west side of Block 13A, but a culvert for a driveway crossing would be required; and WHEREAS, in either case, a hydrant would require relocation and the pipe would have to be increased in size and appropriate intake structure provided; and WHEREAS, construction costs could be as much as $20,000 and evaluations could cost $5,000; and WHEREAS, there are additional drainage problems in the Mill Street/ Vista Avenue drainage area; and WHEREAS, an additional drainage review of the site will cost $2,500; and WHEREAS, the Seward Bear Creek Flood Service Area Board is providing funds for the proposed project through the Kenai Peninsula Borough's grant application process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into the Grant Agreement with the Kenai Peninsula Borough in substantially the form presented at this meeting, and to accept $30,000 to be expended on the drainage review project described therein. 41 CITYOF SEWARD, ALASKA RESOLUTION 2008-131 Section 2. The City Manager is authorized to appropriate $30,000 into account 866-8663- 4680-0900. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8'h day of December. THE CITY OF SEWARD, ALASKA ,- -; ,r~ -, / ~J ~/, illard Dunham, Vice Mayor AYES: Valdatta, Bardarson, Smith, Kellar, Keil, Dunham NOES: None ABSENT: Corbridge ABSTAIN: None ATTEST: Jean Lewis City Clerk (City Seal) 4~ Agenda Statement Meeting Date: January 12, 2009 To: City Council From: Jean Lewis, City Cler Agenda Item: Motion for Reconsideration BACKGROUND & JUSTIFICATION: Resolution 2009-131, which accepted grant funds of $30,000 from the Kenai Peninsula Borough for the Mill Street and Second Avenue and Mill Street and Vista Avenue drainage project was approved unanimously at the December 12, 2008 regular city council meeting. (Mayor Corbridge was absent) A motion for reconsideration was filed the next day, Tuesday, December 9, 2008 at 4:20 p.m. by Council Member Betsy Kellar. Ms. Kellar voted on the prevailing side and the request was timely, therefore the motion for reconsideration is in order. WITHDRAWAL REQUEST PROCEDURES: On Tuesday, January 6, 2009, an emailed request to withdraw or pull the motion to reconsider Resolution 2008-131 was received in the clerk's office from Council Member Kellar. Roberts Rules states unless by unanimous consent, a motion to reconsider that has not been finally disposed of, cannot be withdrawn after it is too late to renew it. Meaning it can only be withdrawn within the same time limits as for making the motion in the first place (in this case 5:00 pm Tuesday, December 9, 2008). Therefore, this motion will remain on the agenda, and the maker of the motion (Ms. Kellar) can withdraw it under "Approval of the Agenda." If nobody opposes, it will be withdrawn at that time. If any member opposes the withdrawal of this motion to reconsider, they would say so under "Approval of the Agenda" which would keep the motion to reconsider on the agenda. When this agenda item is called up, the opposing member would then have to make the motion to reconsider and receive a second for the procedures below to apply. MOTION TO RECONSIDER PROCEDURES: This motion to reconsider is handled separately from the Resolution. There must be a motion to reconsider resolution 2008-131, and there MUST be a second. If that occurs, the motion to reconsider is on the table and can be discussed. After discussion, this motion to reconsider MUST pass by a 2/3 vote of the members present (our code, not Roberts Rules dictates a 2/3 vote for reconsideration motions). If this motion to reconsider passes by 2/3 vote, the original resolution is back on the table for further discussion. This must pass by the usual majority (4) vote. If the motion to reconsider fails to pass by 2/3 vote, the original resolution stands as was previously voted on December 8, 2008. Q~ CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan 2. Strategic Plan 3. Other SCC 2.10.065 & _ 4. Not applicable CCRofP Rule 28 & 34 FISCAL NOTE: The sole purpose of this grant of $30,000 is contingent on a project agreed to by the City and the SewardBear Creek Flood Service Area Board. Approved by Finance Department: ~.1f~1~~~~%iLi',r~..~'1-~ RECOMMENDATION: The maker of the motion to reconsider state their request to withdraw the motion to reconsider during Annroval of the A¢enda, to allow other council members to either give unanimous consent for withdrawal, or state an opposition to withdraw, where it would remain on the agenda. 44 ~o ~~'~~ ~~c~~~ tio~~ ~ ~~~ ~ ~ ~~. ~ 0~ ;G~pF~N~ oF~~~ r~~` ~~.~ue ~ ./~.~ Gc;nd~ti ~~~~~-~c-off ~ ~' a~ - /3 ~ ~~ ~~ ~~. ~Z~~% C ~~u-~y~ BYI, ~fi.~ru ~y1 Q~~~ ~c .~-~~/ ~~~ ~~ Q7 Page 1 of 1 Jean Lewis From: ebkellar@ak.net on behalf of Elizabeth "Betsy" Kellar [ebkellar@ak.netj \ Sent: Wednesday, January 07, 2009 6:35 AM ~---~-j,~i~ ~~;~ S r.~; ~''~1 f Z c e ~ v~ C' ~J~~ ``~ To: Jean Lewis 1 Subject: I would like to pull Resolution 2008-131 for reconsideration from the agenda Spam Not. spam Forget. previous vote 46 1/6/2009 Agenda Statement Meeting Date: December 8, 2008 To: Mayor and Council Members From: Community Development Director Chris Through: City Manager Phillip Oates Agenda Item: Resolution 2008-~3Accepting Grant Funds in the Amount of $30,000 from the Kenai Peninsula Borough for the Mill Street and Second Avenue and Mill Street and Vista Avenue Drainage Project BACKGROUND & JUSTIFICATION: Public Works Director WC Casey worked closely with the Seward Bear Creek Flood Service Area Board to identify a flood mitigation project within the City of Seward. The need to review drainage and provide flood mitigating culverts at Mill Street and Second Avenue was chosen. The 10-foot wide drainage easement that currently exists adjacent to Block 13A is not sufficient in width to facilitate maintenance of the drainage ditch east of Second Avenue and the owner of Block 13A requested that the drainage be relocated such that the drainage easement can be vacated to facilitate development of the lot. There are two possible solutions to the drainage problem. The first option is to convey the flow southerly in a storm drain pipe, but potential issues include water/sewer conflicts and freezing of the storm drain. The second option is to convey the flow into a new drainage ditch located along the west side of Block 13A, but a culvert for a driveway crossing would be required. In either case, a hydrant would require relocation and the pipe has to be increased in size and an appropriate intake structure provided. The cost of the project is estimated at about $30,000 and includes construction costs ($20,000), evaluations ($5,000) and an additional drainage review of Mill Street/ Vista Avenue ($2,500). The Seward Bear Creek Flood Service Area Board is providing funds for the proposed project through the Kenai Peninsula Borough's grant application process. The Seward/Bear Creek Flood Service Board, a service area of the Kenai Peninsula Borough, was created in 2003 to provide flood planning, and mitigation services to the Seward/Bear Creek community. The Board is funded with property tax dollars from property owners both inside and outside Seward City Limits. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: These funds will be appropriated into account 866-8663-4680-0900. Approved by Finance Department: '~ ~ ATTORNEY REVIEW: X 4 "7 RECOMMENDATION: Council approve Resolution 2008-~3\Accepting Grant Funds in the Amount of $30,000 from the Kenai Peninsula Borough for the Mill Street and Second Avenue and Mill Street and Vista Avenue Drainage Project. 48 _~•~ 1.. t A ~~ G ran greement o~ ~ ~ ::~ ~ ,~.,~..~-%~ ' '~ Kenai Peninsula Borough Amount of Grant Authorizing Ordinance: KPB Accouat Number: Amount: $30 000.00 Ord. 2007-19 259.21212.08MIT.43011 $30 D00.00 Project Title Funds Verified by: Date City of Seward -Mill St and Second Ave /Mill St /Vista Avenue Draina a Review Grantee ` Bocongh Contacti Person . , Name Name City of Seward Dan Mahalak Street/P.O. Box Title 410 Adams St Project Mana er City/State/Zip Street Seward AK 99664 4714D East Po Lane Contact Person City/State/Zip Christ Terr , Communit Develo ment Director Soldotna, AK 99669 Phone Fax Phone Fax 907-224-4002 907-224-4085 907-262.96571398-1144 907-262-6090 AGREEMENT The Kenai Peninsula Borough {hereinafter `Borough') and the City of Seward {hereinafter `Grantee') agree as set forth herein. Section I: The Borough shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this agreement. In no event shall the payment exceed $30,000.00. Section II: The Grantee shall perform all of the work required by this agreement. Section III: The work to be performed under tbis agreement begins upon receipt of the signed agreement and shall be completed no later than one year from the date of this agreement. Section IV: The agreement consists of this page and the following attachments: A[tachmenf A: Scope of Work and Use of Funds Attachment B: Payment Method and Reporting Requirements Attachment C: Standard Provisions Certificate(s) of Fnsurance from Grantee Sectlon V: In the event there is any difference between the original of this agreement on file with the Kenai Peninsula Borough Clerk aad a duplicate original of the agreement, including any attachments, the original filed with the Borough Clerk shall control. R, Grx~tee ~oroa . a ~ ~ ; ~~ ~t ` ; _ , g , Signature Signature Printed Name and Title Printed Name and Title David R. Care Borou h Ma or Date Date Attest: Borough Clerk Approved as to form and legal sufficiency: Borou Attorne Rev. 8!2107 49 KPB Grant Agreement Attachment A -Scope of Work and Use of Funds 1. Project Description The purpose of this Borough Grant is to provide funding in the amount of $30,000.00 to the City of Seward for use towards Mill Street !Second Avenue Culvert Crossing and Mill Street /Visa Avenue Drainage Review. The Scope of Work and detail map is attached. 2. Project Budget Cost Cate or Grant Funds Contract Services $30,000.00 3. Budget Narrative /Use of Funds A. Grant funds, or any earnings therefrom, may be spent only for the purposes of the grant project as described above. Any monies used for purposes not authorized by this agreement shall be refunded to the Borough immediately after such expenditures, with or without demand by the Borough. B. Funds maybe used only for a project that is primarily dedicated for a public purpose. C. Funds shall not be expended to provide prograzns or projects outside the boundaries of the Kenai Peninsula Borough. D. Funds, or earnings therefrom, shall not be expended for the purposes of lobbying activities before the Borough Assembly, the Alaska State Legislature or Congress. E. All unexpended grant fiu~ds as of the end of the grant period must be returned to the Borough. Funds will be considered obligated if they have actually been expended or encumbered. F. Borough funding shall be used an a nonareawide basis. 4. Project Management A. The project will be managed by the Grantee. Rev. 1-19-04 KPR Grano Agreement Attachnoen(A Page 1 ofl ~~ B. The Mayor and/or the City Manager are designated as the representative of the Grantee to receive or make all communications regarding the performance or administration of this agreement. The Borough Project Manager, or such other person(s) as designated by the Borough Mayor, is hereby designated as the representative of the Borough to receive or make all communications, payment requests, and reports regarding the performance or administration of this agreement, and who approves payment under this agreement. The parties may change their representative upon written notification to the other party. Rev 1-19-04 ICFB Grnntflgr~eemenl AttaclmieretA Poge2 oft 51 City of Seward -- Mill Street and Second Avenge 1. Mill Stmt /Second Avenue Culvert Crossing - MiII Street, above Second Avenue. has a drainage ditch drat discharges into a culvert at the bottom of Mill Street The culvert crosses the road and discharges into the fresh water lagoon by way of a drainage ditch. The drainage ditch that rottvoys the flow into the lagoon crosses Block 13A. The plat far Block 13A indicates a 10•foot wide drainage' easement but it is likely that the ditch may not be physically located in the described easement Tht 10-foot wide drainage easemeru thatcurremly exists adjacent to Block 13A is ant sufficient is width to facilitate maintenance of the- drainage dhch east of Secaud Avemte. [n addition, the owner of Bloclt 13A has requested that the drainage be relocated such that the drainage easement cazt be vacated to facilitate development of the lot. Options include; ' Garvey tl~ flow southerly in a. stone drain pipe a distance. of approximately 200 feet to the soudt edge of Block 13A. Potetuial issues ineituie water ancUor sewer pipe conflicts and freezing of the storm drain. • Ctmvey the flow into a ttew drainage ditch to be located along the west side of Block 13A. The ditch would be located adjaccatt to the roadway within the 20-foot. wide easement prtiviously dedicated. A culvert for a driveway crossing would be regttaed Cn either case, a hydrant wouLi require relocation gad the conveyance prpe would Lave to be upsized and appropriate intake structure provided. Conatcuction costs would be in the rBUge of$12,000 to $20,000 depending on the alternative selected and the availability of asphalt to replace the. paving. To evaluate the. various alternatives, a. topographic survey would need, to be conducted.and an engiineering analysis conducted. The cost for the analysis, includigg the topographic survey, would trot exceed $5,0110. 5~ 2. Mi113treet / Vista Avettue Drainage Review -The storm water flow Doming off of Mill Street originates on Vista Drive. There are two culvert crossings of Vista Drive located just beyond the 180-degree turn. There is a third runoff source located at the end of the road that sometimes overflows and runs down Vista Drive. There are also several areas of erosion: The adverts overflowed during the last sign cant storm and the City of Seward would It7tt a physical review and. evaluation of the drainage fataEities with any obvious recommendations for improvemeats. This evaluation would need to be completed in the spring/aummer when the culverts are visible. CRW proposes to oottducE a wailrflnargh of the drainage areas and evaluate drainage patten-s and potential issues. The effort would include hiking to the drainage ~ruce.to see if there are any potential locations for diversions. It is understood that this is a reconnaissaax level effort only and no actual ma=a~rP~.Y,ts or surveys areinciuded. We would seed a gootechnical eagineer to review the site and prepare a brief lettert+epott at an estimated cost not to exceed $2,SOD. 53 m o. N C1 C A T A w or m w. 0 "~.~,,, _ .Z.. r ~, ~D O .... .._._.. _. D .._ ._.. N B I o t: k: g m 8~~ o r ~ r > ... .°. °~. o ~ ~ ~ u 00 .. .~ r _ .~ ~ A ~ m V ~ ~ - x m r m 60VERNMENT ROAD o ~ -{ N2°4724"W 140.11 "~ ~ GQV G ~~°~`~ RO.W: To 6~ d°dlc°tsd tAls piM. O ~ °•>s~ 4M1 y,2 40.05 ..~~ Qaq ~0~8' 134.45' ° Rp F,~ ~po~ X4;93. l` `y N2~° 6 tD ~ t.Fl i.~~r\A m A ~~ m ~ $ ' ~ ~ ~ ~ ~ p' O man I~~ ~ ~ i~ n n\~ m O c °,., . a o ~;, n ~' n ~] s V At v ~. 'Y~t~,_ N2°4i'2~'W ~m D 3 ~ ~- C. N m f 7~iC. °r. ~ pSo ~~0. ~ n ~aS. m' YAOO ~' S31C V y ,330 w,•~'~e , o ~ e • r ~ ,-- o_m _ ~ :~: . A' Ci - r ~ ... E ~ ~ r~ `~ry,~p~., O~ o ~1,/'..W y a. ~ ~~, O lp ~' 1 ~~ ~, ~ti -~ r - ~ ~. ~' o $ ._ 54 KPB Grant Agreement -Attachment B Reimbursement Payment Method and Reporting Requirements 1. Payments A. The total of all payments under this agreement shall not exceed $30,000.00. B. Payments will be made to Grantee upon receipt of financial and activity reports. Upon approval of the reports and upon determination by the Borough that the work has been performed satisfactorily in accordance with this agreement and Borough Code, the Borough will make a payment to Grantee. C. Under no circumstances will funds be released to the Grantee unless al! required reporting is current. 2. Reporting Requirements A. Activity Reports. Grantee shall submit activity reports during the term of the agreement. .The reports shall identify what services have been provided and/or what activities have been conducted by Grantee under this agreement, and the outcome or results of those activities. It should show substantial work effort in the performance of the tasks and completion of tasks as required by the agreement. A minimum of one activity report is required during the term of this agreement. B. Financial Reports. Financial reports shall be submitted along with a request for reimbursement of expenditures. Financial reports shall indicate revenue sources for the project and areas of expenditure of grant funds. Copies of invoices and other supporting documentation for costs incurred by Grantee shall be attached to the financial report. Financial reports are due concurrently with activity reports. Salaries and benefits muse be included in the report, but these costs do not require supporting documentation to be attached to the report. C. Frequency. Financial reports and requests for reimbursement shall not be filed more frequently than once a month, 1). Reports should be submitted to: Dan Mahalak, Project Manager Kenai Peninsula Borough 47140 East Poppy Lane Soidotna, Alaska 99669 Ren. 9-5-03 KPB Grunt Agreement Attachment B Page 1 of 1 KPB Grant Agreement Attachment C -Standard Provisions ]- General Conditions A. Grantee agrees to perform the work as specified in this agreement and in accordance with its terms and conditions. B. Grantee is encouraged to use a competitive process when making procurements for goods and services. C. Grantee shall maintain separate accounting records for expenditures of all funds in conjunction with this grant program. D• All unexpended grant funds as of the end of the grant period must be returned to the Borough. Funds will be considered obligated if they have actually been expended or encumbered. fi. The Grantee, at such times as the Borough may require, shall furnish the Borough with such periodic reports as it may request pertaining to the activifies undertaken pursuant to this grant agreement. F. Grantee shall retain all contracts, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to matters covered by this agreement for a period of three years after the completion date of the agreement, or until final resolution of any audit findings, claims, or litigation related to the grant. 2• Audits and Financial Statements A. Provisions of 2 AAC 45.010 shall apply to a Borough Grantee receiving a grant of $100,000 or more from the $orough. An audit in compliance with 2 AAC 45.010 shall be required on the performance of the grant conditions. Such audit report shall be due to the Borough no later than 3p days after the audit is completed, or 6 months after the expiration of the grant, whichever is sooner. B. An annual audited financial statement, certified by a Certified Public Accountant, shall be submitted by a Borough Grantee receiving a grant less than $100,000 from the Borough. Such financial statement shall be due no later than 6 months from the temunation of this agreement. C. Grantees receiving less than $100,000 from the Borough and receiving payments on a reimbursable basis are exempt from the audit requirements. 3. No Maintenance or Further Funding Responsibility. $y signing this agreement, Grantee certifies that it will not ask the Borough to operate or maintain its program, except as may be otherwise agreed to in writing signed by both parties. Grantee understands, acknowledges and agrees that the Borough shall not be responsible for any services, programs, mahitenance, opezation, or further fwiding to Grantee, or actions related thereto, and has not, and will not assume any such responsibility, all of such to be the sole and exclusive responsibility of Grantee. Rer. 8-10-OS KPB Grant Agreement Aktachrrvent C Page 1 of 3 5s 4. Mutual responsibility: Each party is responsible for its own acts and omissions under this agreement. 5. Insurance. Grantee shall purchase at its own expense and maintain in force at all times during the term of this agreement Commercial General Liability and Automobile Inswance. Suclt policies are to include bodily injury, personal injury, and property damage with respect to the property and the activities conducted by Grantee iu which coverage shall not be less than $1,000,000 per occurrence or such higher coverage as specified by the Borough. The policy shall name the Borough as an additional insured. Borough approval shall be required for the amount of any deductible or self-inswed retention. Additionally, Grantee shall purchase and maintain at its own expense worker's compensation and employers liability insurance far al] employees per Alaska State Statutes who are performing work under this agreement. Proof of Insurance: Grantee shall deliver to the Borough certifcates of insurance along with Grantee's signattare on this agreement. The certificates shall indicate the Borough as an additional inswed. This inswance shaA be prhnary and exclusive of any other insurance by the Borough. Failwe to provide the certificate of insurance required by this section, or a lapse in coverage, is a material breach of the terms of this agreement entitling the Borough to terminate this agreement. 6. Relationship Of Parties. Nothing herein contained shalt be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or of partnership, or of joint ventwe between the parties hereto, it being understood and agreed that neither method of computation of payment nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Borough and independent grantee of funds. 7. No Exclusive Service; No Property Interest. Subject to the copyright restrictions described hereinbelow, the parties understand, acknowledge and agree that all supplies, materials and equipment purchased with Borough grant funds shall be and shall remain the property of Grantee. 8. Publication, Reproduction And Use Of Materials. No material produced, in whole or in part, under this agreement shall be subject to copyright in the United States or in any other country. The Borough shall have unrestricted authority to publish, disclose, distribute and otherwise use, ht whole or in part, arty reports, data or other materials prepared under this agreement. 9. Terminatiou. The Borough may terminate this agreement, by written notice, when it is in the best interest of the Borough. In the event that Grantee does not perform the tasks as zequired in this agreement, or does not submit any required reports for verification of performance, the Borough may exercise its option to temvnate this agreement. 10. Permits, Taxes And Adherence To Local, State, And Federal Laws. Signing o#' this agreement does not, in any manner, excuse Grantee from complying with any other law, Alaska state statute or regulation, or Borough ordinance or regulation. Grantee must in all cases adhere to all local, state and federal laws and regulations that pertain to public funds, to the services performed pursuant to this agreement, and related to wages, taxes, social security, workers compensation, nondiscrimination, licenses, and registration requirements. Grantee shall pay all taxes pertaining to its performance under this agreement, and shall acquire and maintain in good standing all permits, licenses and other entitlements necessary to the performance under this agreement. Rev. 8-10-OS KPB Grant Agreement Attachment C Page Z of 3 11. Jurisdictions; Cholce Of i.aw. Any civil action arising from this agreement shall be brought in the superior court for the Third Judicial District of the State of Alaska at Kenai. The law of the State of Alaska shall govern the rights and obligations of the parties. 12. Non-Waiver, The failure of the Borough at any time to enforce a provision of this agreement shall in no way constitute a waiver of the provisions, nor in any way affect the validity of this agreement or any part thereof, or the right of the Borough fl~ereafter to enforce each and every protection hereof. No conditions or provisions of this grant agreement can be waived unless approved by the Borough in writing. Waiver by the Borough of any non-compliance by Grantee, or excusing or extending performance, shall not be considered a waiver of any other rights of the Borough or a waiver of the right to temninate in the event of future breaches. 13. No Third-Party Benenciary. This agreement is intended solely for the benefit of each party hereto. Nothing contained herein shall be construed or deemed to confer any benefit or right upon any third party. 14. Entire Agreement. This agreement represents the entire and integrated agreement between the Borough and Grantee, and supersedes all prior, inconsistent negotiations, representations or agreements, whether written or oral. This agreement may be amended only by written instrument signed by both the Borough and Grantee. Rev. 8-10-OS KPB Grant Agreement Attachment C Page 3 of 3 58 ~, ~E~~4f i'~dV16~~CIL.A ®~~7tJC7~,l 47140 East Poppy Lane o Soldotna, Alaska 99669 a PHONE: (907) 262-9657 m FAX: (907) 262-6090 ,~>`;~.<.~t Cell phone: 907-398-1144 EMAIL: dmahalak@borough.kenai.ak.us Financial /Progress Report FROM: KPB ACCOUNT N0: 259-21212.08MIT.43011 SUBMIT REPORT TO: Dan Mahalak, Protect Manager Date: Kenai Peninsula Borough Report No. 47140 East Poppy Lane Reporting Period -From: Soldotna, Alaska 99669 To: Project Name: ~ INCLUDE COPIES OF BILLS PAID, OR TO BE PAID, AND CHECKS ISSUED FOR SUCH PAYMENT; Authorized ~ Expenditures Total Category from Last Expenditures Balance of Budget Report This Period Expenditures Funds W_____ _ to Date Funds Requested This Period: t o' ~~: Describe activities that have occurred during this reporting period. Identify what services have been provided andlor what activities have been conducted under the agreement, and the outcome or results of those activities. Attach additianat pages if necessary. Grmrtee Cerriftcatian: 1 rert~ that the above information is rnre and correct, and that eapendieures Jmre been made far the purpose of, and in accordaree with, npplicableo arzta~reemenr teens and condilroi~s. Signature: Printed Name and Title: Date: (Rev. Jan. 2008) 59 Sponsored by: Keil Co-Sponsored by: Corbridge Introduction: January 12, 2009 Public Hearing: January 26, 2009 Enactment: 10 days after January 26, 2009 CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2009-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TEMPORARILY INCREASING THE STIPEND FOR THE VICE MAYOR AND SETTING THE EFFECTIVE DATES WHEREAS, among other duties, the Mayor is expected to fulfill the role of ceremonial head and chief officer of the City by appearing at local functions, welcoming visiting dignitaries and guests; and WHEREAS, the Mayor is also expected to occasionally travel on behalf of the City in order to represent the City at various membership organizations and meetings; and WHEREAS, as the highest ranking elected official, the Mayor typically joins the Manager and the City's lobbyists in presenting and lobbying for the City's legislative and capital priorities to State and Federal legislators; and WHEREAS, the Vice Mayor is to assume the duties of the Mayor in the Mayor's absence; and WHEREAS, recently the Vice Mayor has been increasingly called upon to assume those duties when the Mayor has been absent due to current medical and availability issues; and WHEREAS, a modest increase in the stipend is in order as a way to recognize occasions where the Vice Mayor will represent the City in lieu of the Mayor, including lobbying for the City in Juneau and Washington, D.C., representing the City at the Alaska Municipal League Conference of Mayors, and at numerous local functions; and WHEREAS, Seward City Code 2.15.050 (B) (2), which establishes salary effective dates for elected officers, does not apply to this change. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council wishes to temporarily increase the stipend for the Vice- Mayor from $200 to $300 per month. Section 2. The established effective dates for this increase shall run retroactively from January 1, 2009 through October 31, 2009. 60 CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2009-001 Section 3. The amount not to exceed $1000 is hereby appropriated from the city council contingency fund no. 101-1110-5690, and put into the city council personnel services salaries fund no.101-1110-5010. Section 4. This resolution shall become effective 10 days after enactment and be retroactive to January 1, 2009. ENACTED by the City Council of the city of Seward, Alaska, this 26`" day of January 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) s1 Council Agenda Statement Meeting Date: January 12, 2009 To: Mayor Corbridge, City Council Members From: Jean Lewis, City Clerk~~ Thru Agenda Item: Increase of Vice-Mayor Dunham's stipend for duties performed for Mayor Corbridge BACKGROUND & JUSTIFICATION• A resolution was drafted and sponsored by Council Member Marianna Keil, to increase the Vice- Mayor'sstipend, in order to fairly compensate the Vice-Mayor for additional mayoral responsibilities he may perform during the upcoming year due to current medical and other issues impacting the mayor's availability. Mayor Corbridge supported the request and is listed as a co-sponsor. Further research into the city code showed this request needed to be presented as an ordinance. Section 2.5 of the City of Seward Charter is the authority that states all compensation for elective officers shall be established by the council. Seward City Code 2.15.050 establishes an effective date when changes should become effective. The original intent of SCC 2.15.050(b)(2), which was to prevent current councils from raising their own salaries durine their term, therefore, does not apply for this change. Since this is an ordinance, it is up for introduction tonight, with public hearing and adoption set for January 26, 2009. This item cannot be put on the consent agenda because Vice-Mayor Dunham will have to declare a conflict and refrain from voting. INTENT: To provide equitable compensation for Mayor duties that the Vice-Mayor is offering to perform in potential absences of the Mayor for medical and other availability reasons during 2009. CONSISTENCY CHECKLIST• Where applicable, this ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: The funds amounting to $1,000 for this request would come from the city council contingency fund no.101-1110-5690 and put into the city council personnel services salaries fund no.101-1110-5010. Approved by Finance Department: ~'z'~O~"~'~ ~~' icr,l;yMM~;NiJA 11UN: Introduce Ordinance 2009-001, by affirmative vote on January 12, 2009, and approve on January 26, 2009 with an effective date retroactive to January 1, 2009. 62 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-003 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF SEWARD, ALASKA, URGING THE ALASKA STATE LEGISLATURE TO MODIFY, BASED ON SCIENCE, THE STANDARDS GOVERNING THE DISCHARGE OF CRUISE-SHIP WASTEWATER BY USING THE CRITERIA THAT APPLY TO MUNICIPAL SHORE-BASED WASTEWATER FACILITIES AND ALL OTHER VESSELS TRANSITTING ALASKA WATERS WHEREAS, the Seward community has a strong marine-based economy with transportation routes historically used by the U.S. Navy, Coast Guard, and state law enforcement vessels; large and small passenger vessels; a commercial fishing fleet; and other passenger-bearing vessels; and WHEREAS, Seward's marine-based economic activity occurs in proximity to the Kenai Fjords National Park, the Chugach National Forest, Caines Head State Park, and other protected lands; and WHEREAS, between 2001 and 2006, agencies of the State of Alaska, through the legislative process, have enacted statutes and regulations establishing wastewater discharge standards and created the Commercial Passenger Vessel Environmental Compliance Program as means of supporting cruise ship activity in Alaska in an environmentally-sound manner; and WHEREAS, the Alaska cruise ship industry has invested more than $200 million to install some of the most advanced wastewater treatment systems in the world; and WHEREAS, in 2006, Alaska voters approved an initiative further governing the operation and regulation of large cruise ships, leading to the first ever general permit for wastewater discharges from large cruise ships operating in Alaska; and WHEREAS, the standards now imposed on cruise ships are far in excess of those imposed on shore-based municipal wastewater facilities, including Seward's facility and those in effect for all other fishing, freight, and passenger vessels; and WHEREAS, the cruise ship point-of-release standards are unfeasible and will require prohibitive financial investment in research to establish methods of meeting the standards; and WHEREAS, these standards could mean that cruise ships would defer all discharges until they are out of Alaska waters, which would result in reduced length of time in port, and elimination of ports situated far from International waters; and 63 CITY OF SEWARD, ALASKA RESOLUTION 2009-003 WHEREAS, such changes would impact Seward's small business, which rely on cruise ship visitors, crew, and service requirements to support local jobs and the local economy; and WHEREAS, implementing policy based on inconsistent standards for a specific sector of the maritime economy establishes a dangerous precedent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Seward City Council urges the Alaska State Legislature in 2009 to modify the standards governing the discharge of cruise ship wastewater. Section 2. Seward City Council suggests the modifications be scientifically based and similar to the criteria that apply to municipal shore-based wastewater facilities and all other vessels transiting Alaska waters. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by City Council of the City of Seward this 12"' day of January 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 64 Council Agenda Statement Meeting Date: Monday, January 12, 2008 To: City Council Through: City Manager Phillip Oates~j From: Executive Liaison Anne Bailey Agenda Item: Resolution 2009-~, Urging the Alaska State Legislature to Modify Based on Science, the Standards Governing the Discharge ofCruise~ Ship Wastewater by Using the Criteria that Apply to Municipal Shore- Based Wastewater Facilities and All Other Vessels Transiting Alaska Waters BACKGROUND & JUSTIFICATION: The City of Seward has a strong marine-based economy with transportation routes historically used by the U.S. Navy, Coast Guard, State Law Enforcement vessels, large and small passenger vessels, a commercial fishing fleet and other passenger-bearing vessels. Between 2001 and 2006, agencies of the State of Alaska, through the legislative process, have enacted statutes and regulations establishing wastewater discharge standards and created the Commercial Passenger Vessel Environmental Compliance Program as a means of supporting cruise ship activity in Alaska in an environmentally-sound manner. In 2006, Alaska voters approved an initiative further governing the operation and regulation of large cruise ships, leading to the first general permit for wastewater discharges from large cruise ships operating in Alaska. The standards now imposed on cruise ships are far in excess of those imposed on shore-based municipal wastewater facilities, including Seward's facility and those in effect for all other fishing freight, and passenger vessels. These cruise ship point-of-release standards are unfeasible and will require prohibitive financial investment in research to establish methods ofineeting the standards. The standards could mean that cruise ships would have to defer all discharges until they are out ofAlaska waters reducing the length oftime in port and eliminating ports far from International waters. Such changes would impact Seward's small business, which rely on cruise ship visitors, crew, and service requirements to support local jobs and the economy. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: No fiscal impact. >~'~~ 65 Approved by Finance Department: RECOMMENDATION• Council approve Resolution 2009, Urging the Alaska State Legislature to Modify, Based on Science, the Standards Governing the Discharge ofCruise-Ship Wastewater by Using the Criteria that Apply to Municipal Shore-Based Wastewater Facilities and All Other Vessels Transiting Alaska Waters. 66 Date: December I5, 2008 Action: Passed Vote: Unanimous SEWARD CHAMBER OF COMMERCE, CVB BOARD OF DIRECTORS RESOLUTION 2008-03 A RESOLUTION URGING THE ALASKA STATE LEGISLATURE TO MODIFY, BASED ON SCIENCE, THE STANDARDS GOVERNING THE DISCHARGE OF CRUISE-SHIP WASTEWATER SUCH THAT THOSE STANDARDS USE THE SAME CRITERIA AS THE ONES THAT APPLY TO MUNICIPAL SHORE-BASED WASTEWATER FACILITIES AND ALL OTHER VESSELS TRANSITTING ALASKA WATERS. WHEREAS, the Seward community has a strong marine-based economy with transportation routes historically used by [he U.S. Navy, Coast Guard, and state law enforcement vessels; large and small passenger vessels; a commercial fishing fleet; and other passenger-bearing service vessels; and WHEREAS, Seward's marine-based economic activity occurs in proximity to the Kenai Fjords National Park, the Chugach National Forest, Caines Head State Park, and other protected public lands; and WHEREAS, between 2001 and 2006, agencies of the State of Alaska, through the legislative process, have enacted statutes and regulations establishing wastewater discharge standards and creating the Commercial Passenger Vessel Environmental Compliance Program as means of supporting cruise ship activity in Alaska in an environmentally-sound manner; and WHEREAS, the Alaska cruise ship industry has invested more than $200 million to install some of the most advanced wastewater treatment systems in the world; and WHEREAS, in 2006, Alaska voters approved an initiative further governing the operation and regulation of large cruise ships, leading to the first ever general permit for wastewater discharges from large cruise ships operating in Alaska; and WHEREAS, the standards now imposed on cruise ships are far in excess of those imposed on shore- based municipal wastewater facilities, to include Seward's and those in effect for all other fishing, freight, and passenger vessels; and WHEREAS, these point-of-release standards, applicable only to cruise ships, are unfeasible, and will require prohibitive financial investment in research to establish methods of meeting the standards; and WHEREAS, the unrealistic standards could mean that cruise ships will have to depart Alaska waters to discharge, which will result in reduced length of time in port, and elimination of ports situated far from International waters; and WHEREAS, such changes will impact Seward's small businesses, which rely on cruise ship visitors, crew, and service requirements to support local jobs and the local economy; and Page 1 ~ V WHEREAS, maintaining unrealistic standards for a specific sector of the marine-based economy establishes dangerous precedent for managing the balance between economy and environment; and NOW THEREFORE, BE IT RESOLVED BY THE SEWARD CHAMBER OF COMMERCE/CVB BOARD OF DIRECTORS, that: The Board urges the Alaska State Legislature in 2009 to modify the standards governing the discharge of cruise ship wastewater such that those standards be scientifically-based and continue to protect aquatic life and the environment. PASSED AND APPROVED BY THE SEWARD CHAMBER OF COMMERCE/CVB BOARD OF DIRECTORS THIS 15th DAY OF DECEMBER, 2008. t v ~ ~ w __. ~"~~` Y~ i awa t ~J ~ ~° (Signature of Authorized Officer) ATTEST: ~ ~ J~F^° ~~ (Signature) Page 2 6 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-004 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE APPLICATION FOR SPECIAL DESIGNATION AS A PRESERVE AMERICA COMMUNITY FOR SEWARD WHEREAS, Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce; and WHEREAS, designation as a Preserve America Community will improve our community's ability to protect and promote its historical resources; and WHEREAS, the Seward Historic Preservation Commission passed Historic Preservation Resolution 2008-07, supporting the application for the designation of Seward as a Preserve America Community on December 17, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council supports the application for the designation of Seward as a Preserve America Community. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by City Council of the City of Seward this 12`h day of January 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: 69 Council Agenda Statement Date: January 12, 2008 To: Mayor Corbridge and Council Members From: Patricia Linville, Library Director Through: Phillip Oates, City Managers Subject: Resolution 2009-? Supporting the Application for Special Designation as a Preserve America Community for Seward BACKGROUND & JUSTIFICATION: "Preserve America is a White House initiative in cooperation with the Advisory Council on Historic Preservation; the U.S. Departments ofDefense, Interior, Agriculture, Commerce, Housing and Urban Development, Transportation, and Education; the National Endowment for the Humanities; the President's Committee on the Arts and Humanities; and the President's Council on Environmental Quality." (12/30/2008 http://www.preserveamerica.gov/communities.html) The Preserve America initiative encourages and supports community efforts to preserve and enjoy our priceless cultural and natural heritage. The goals of the initiative include a greater shared knowledge about the nation's past, strengthened regional identities and local pride, increased local participation in preserving the country's cultural and natural heritage assets, and support for the economic vitality of our communities. Communities may apply for special designation as a Preserve America Community, which recognizes communities that protect and celebrate their heritage, use their historic assets for economic development and revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs. Many of these activities occur in Seward already through activities of the Historic Preservation Commission, the Resurrection Bay Historical Society, and various individual efforts. Benefits ofdesignation include the White House recognition, a certificate ofrecognition, a Preserve America Community road sign, eligibility for Preserve America grants, authorization to use the Preserve America Community directory, national and regional press releases, and enhanced community visibility and pride. A list of Preserve America Grants awarded in 2008 is attached. The Seward Historic Preservation Commission passed Resolution 2008-07, supporting the application for the designation of Seward as a Preserve America Community on December 17, 2008. Madelyn Walker, grant writer for the Seward Community Library Museum Building Committee and Shannon Kovac, committee member, are preparing the application for submittal in March 2009. ~0 INTENT: Support the application for designation as a Preserve America Community for the community of Seward. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules ofProcedures. FISCAL NOTE: Obtaining this designation will qualify the City of Seward for numerous federal grant programs. Approved by Finance Department: ~ ~~~~. ,Gr i ~~ > O RECOMMENDATION Approve Resolution 2009-~ Community of Seward. Supporting the Preserve America Community Application for the ~~ CITY OF SEWARD, ALASKA HISTORIC PRESERVATION COMMISSION RESOLUTION 2008-07 A RESOLUTION OF THE SEWARD HISTORIC PRESERVATION COMMISSION, SUPPORTING THE PRESERVE AMERICA DESIGNATION APPLICATION WHEREAS, Preserve America is a white House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department ofthe Interior, and the U.S. Department of Commerce; and WHEREAS, the goals of this initiative include a greater shared knowledge about our Nation's past, strengthened regional identities and local pride, increased local participation in preserving the country's irreplaceable cultural and natural heritage assets, and support of the economic vitality of communities; and WHEREAS, this initiative is compatible with our community's interests and goals related to historic preservation; and WHEREAS, designation as a Preserve America Community will improve our community's ability to protect and promote its historical resources; and WHEREAS, the Seward Historic Preservation Commission supports the Seward City Council in applying for the designation of Seward as a Preserve America Community. NOW, THEREFORE, BE IT RESOLVED by the Seward Historic Preservation Commission that: Section 1. The Seward Historic Preservation Commission supports the Seward City Council in applying for the designation of Seward as a Preserve America Community. Section 2. The Seward City Council will protect and celebrate our heritage, use our historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs. Section 3. This resolution will take effect immediately upon adoption. PASSED AND APPROVED by the Sewazd Historic Preservation Commission this 17`h day of December, 2008. THE CITY OF SEWARD, ALASKA .> , P l~F Tom S 'nn, Chair 72 Historic Preservation Agenda Statement Date: December 17, 2008 Through: Patricia Linville From: Ryan Reynolds, Library/Museum Staff Subject: Resolution 2008-07, Supporting the Seward City Council to apply for the Preserve America Designation for the City of Seward BACKGROUND & JUSTIFICATION: Preserve America is an Administration initiative that encourages and supports community efforts to preserve and enjoy our priceless cultural and natural heritage. The goals of the initiative include a greater shared knowledge about the nation's past, strengthened regional identities and local pride, increased local participation in preserving the country's cultural and natural heritage assets; and support for the economic vitality of our communities. Communities may apply for special designation as a Preserve America Community, which recognizes that communities that protect and celebrate their heritage, use their historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs. Benefits of designation include White House recognition, a certificate of recognition, a Preserve America Community road sign, eligibility for Preserve America grants, authorization to use the Preserve America Community directory, national and regional press releases, and enhanced community visibility and pride. INTENT: Support the Seward City Council in their application for designation as a Preserve America Community. CONSISTENCY: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Kr; C. uMM>/' iV llATI ON: Approve Resolution 2008-07 supporting the Preserve America Community application for the City of Seward. 73 2008 Preserve America Grants Round 1 (By State) Downtown Anchorage Historic Walking Tour and Education Project Anchorage, Alaska 820,000 As Anchorage prepares to celebrate the 50`s anniversary of Alaska's statehood in 2009, the city and its partners will launch a new website, develop a walking tour, install historical markers, and create an education program that provides materials to teachers. In completing these tasks, Anchorage seeks to provide visitors with consistent, free, and easily accessible options to explore Anchorage's history and enhance heritage tourism. Hualapai Heritage Trails Projects Hualapai Tribal Nation, Arizona 840,000 The Hualapai Tribe will preserve and promote five existing cultural heritage trails for the benefit of the local tribal community and visiting tourists with the expectation of an expanded economic tourist base for the Tribe. Funding will provide archeological and ethnographic surveys of the trail sites and create interpretive signage, a brochure, and map. Santa Monica Beach Cultural Mapping Project Santa Monica, California 8100,000 Capitalizing on its greatest asset -its beach, Santa Monica's goal is to highlight people and events that shaped the history and culture of the Southern California beach that significantly influenced popular culture in America and abroad. Stories from the days of Jim Crow relate how use of the beach was the subject of racial tensions as African- Americans fought for equal access. Later the beach provided the backdrop for the birth of beach volleyball, the international physical fitness movement launched at Muscle Beach as well as the American Skateboazding revolution. Funds will support an experienced historian to survey key sites, events, and individuals to create an inventory of resources and materials. This will provide the foundation for the future development of cultural mazkers and interpretive plaques, walking tours, and exhibits. Southern Otero County Rural Resources Survey Otero County, Colorado 850,000 Otero County will survey private lands in Southern Otero County in an effort to develop heritage tourism with the involvement of local ranchers -the primary landowners. The survey will include an historic context and thematic study based upon the archeological and architectural findings of the survey teams and will result in the listing of properties on the National Register of Historic Places. ~ 74 Redstone Cake Ovens Education and Interpretation Program Pitkin County, Colorado $25,000 Pitkin County will develop an education and interpretive program for the Redstone Coke Ovens Historic Park. The program will educate the public, direct foot and car traffic, and promote the site throughout the community. Using Historic Theaters to Promote Southeast Colorado Historic Sites Prowers County, Colorado $50,000 Prowers County, in partnership with the Southeast Colorado Regional Heritage Taskforce representing several other Southeast Colorado Preserve America communities, will develop a series of film shorts on the heritage sites in the region. Featured sites will include Camp Amache National Historic Landmark, Sand Creek Massacre National Historic Site, and Bent's Old Fort National Historic Site. The films will be shown prior to first-run commercial films in the historic movies theaters in the region, and will encourage audiences to visit the historic sites located in their backyards. Historic Wethersfield Waytinding Signage and Gateway Enhancement Wethersfield, Connecticut $90, 000 This project will enable the Town of Wethersfield to utilize the recommended sign design from the Historic Wethersfield Master Plan. It will proceed with the recommended placement of signs, the installation of directional and informational signs, and the implementation of recommended improvements to the main gateway from the interstate to the historic area. City of Lewes Off-Season Maritime Historic Tourism Plan Lewes, Delaware $35,000 The City of Lewes's downtown historic district is listed in the National Register of Historic Places, and was designated as one of a Dozen Distinctive Designations in 2006 by the National Trust for Historic Preservation. With a population of 3,000, the city contains an impressive number of historic homes, structures, and sites focused on the City's maritime history, including the historic Overfalls Lightship, which is one of only 17 remaining lightships in the country. Lewes will use funds to increase heritage tourism through planning for a better visitor experience year- round. The plan will develop an integrated multi-media approach that includes audio tours, brochures with detailed maps, interpretative Signage, and radio broadcasts. This will provide off-season visitors the opportunity to learn about the many significant places and events that have taken place over the nearly four centuries of Lewes' maritime history. Downtown Directional Wayfinding Signage Program Kennesaw, Georgia $50,000 The City of Kennesaw boasts a rich heritage dating to the 1830s when the town was founded in conjunction with the construction ofa rail line through Cobb County. The keystone of the downtown historic district is the Railroad Depot which now houses museum exhibits, artifacts, and photographs related to the history of Kennesaw. The City of Kennesaw will develop and design a consistent, comprehensive and uniform system of directional and way- finding Signage with enhanced pedestrian, vehicular, parking and gateway features. City of Boise Local Landmarks Boise, Idaho $20, 000 The City plans to research and write city landmark nominations for 30 properties (that are not well documented nor locally designated) and publish a 13oise City Local Landmarks brochure and a walking tour brochure in order to expanding heritage tourism and bringing awareness of historic resources. 2 /~ Tour de Lafayette Lafayette, Indiana $21, 750 The City of Lafayette will develop interpretive and educational materials using technology such as podcasts and the Internet to digitally link the nine historic districts located within Lafayette. This endeavor will enable the City of Lafayette to encourage preservation of oral traditions, provide updated information on their historic resources and equip visitors with the necessary tools to better appreciate the City's heritage and cultural resources. "Hollywood in the Heartland" Iowa State Historic Preservation Oj~ce $45,300 The Iowa State Historic Preservation Office will engage the public in Iowa's movie legacy through several heritage tourism activities designed to stimulate interest in this aspect of the state's history. The "Hollywood in the Heartland" initiative will celebrate Iowa's relationship with the movie industry through an examination of the people and places related to the development and consumption of motion pictures. Junior Main Street Program Oskaloosa, Iowa $90,000 The Junior Main Street Program will bring students and teachers together in collaboration with various community organizations to develop heritage tourism and preservation projects within the community as a focus for cross- curricular education. The projects, such as the development ofself-guided walking tours, are envisioned to promote community sustainability through an understanding and awareness of the community's heritage, build future leadership from participating students, and be a model for other communities and states. Louisiana Main to Main: A Cultural Roadshow Louisiana State Historic Preservation Oj~ce $150,000 The Louisiana State Preservation Office will work in partnership with the Louisiana Main Street program to identify, showcase, and promote cultural assets unique to Main Street communities, and expand promotion of the annual Cultural Road Show initiative. The project will include involvement from Louisiana's Main Street and Preserve America communities. Conference for Local Preservation Commissions of Preserve America Communities New Orleans, Louisiana $20,480 In continuing to revive New Orleans's tourism and convention industry, the City will develop workshop sessions and tours showcasing New Orleans's heritage tourism efforts. The project will provide local preservationists tools and information for protecting historic resources and enhancing their heritage tourism. Sessions and tours will be offered by the National Alliance of Preservation Commissions' biennial National Commission Forum and are envisioned to grow into a full conference track at future Forums. This will be the first time the over 500 Preserve America communities will be invited to a national gathering and offered training. Point to the Past Heritage Interpretation Project Portland, Maine $62, 000 The City of Portland will expand and enhance the interpretation of Portland's landmarks and history by using GPS devices to provide information and interpretation of historic resources to visitors and residents. This pilot program will focus on specific historic resources to determine if this type of technology will enhance the visitors' experience. 3'7 6 Public History in Public Places for Saco Bay Cities Saco, Maine $37,500 The City of Saco will promote heritage tourism in the region, improve local history instruction in the schools, and create a new awareness of local and regional history in the community and the Saco Bay region. Funds will pay for the creation of three history exhibits (two stationary and one traveling) on local and regional history, and an interpretative regional history guide and traveling truck for use by teachers in the classroom. Annapolis City Hall Restoration Annapolis, Maryland $75, 000 The City of Annapolis will conduct a Historic Structures Report, including paint analysis, development of architectural drawings, and other planning documents needed for the restoration of the Annapolis City Hall. The City Hall is a contributing structure in a National Register Historic District, is listed on the Maryland Inventory of Historic Places, and is a designated local landmark. Conspiracy! Port Tobacco and the Plot to Assassinate President Lincoln Charles County, Maryland $60,000 Charles County will collect information through detailed archival and archaeological research on the setting in which conspirators planned the abduction and assassination of President Lincoln, Vice President Johnson and Secretary Seward in March 1865. The final report will provide vital information for interpretation, nomination and possible acquisition of properties in Port Tobacco related to this nationally significant event in American history. Catoctin Mountain Scenic Byway GatewayNVayGnding Project Frederick Maryland $150,000 The City of Frederick will develop a comprehensive wayfinding and gateway signage system in Frederick that will serve as a prototype for other communities located along the Catoctin Mountain Scenic Byway in Maryland. Rockville Historic Building Inventory Catalog City of Rockville, Maryland $20,000 The City of Rockville will utilize Preserve America funds to update their Historic Building Inventory and Catalog to reflect the resources excluded from the catalog since the last update eighteen years ago. Back-in-Time: Tales of the Village Douglas, Michigan $23,265 In partnership with focal schools and District library, the City of Douglass will create educational and interpretive materials in order to provide better information on the City's historic and cultural resources. Ferndale Heritage Tourism and WaySnding Project Ferndale, Michigan $120,000 The City of Ferndale will create a marketing project that will incorporate wayfinding signage, plaques, and self guided tours to promote Ferndale's downtown historic resources. Montana Places: Expanding the Cultural and Historical Record of Montana Montana Historical Society (State Historic Preservation Office) $199,979 The Montana Historical Society will provide subgrants to several communities with a strong need to survey and inventory historic resources so that they have proper documentation for preservation of their historic resources. Funds will also be used to hold a Tribal Heritage Resource Summit for Montana's Indian Tribes for the purpose of identifying potential areas of survey and specific undocumented landscapes and historic cultural resources important to Montana's Native American history. 4 r1 Marketing Campaign for Historic Downtown Cortland's Cultural Events Cortland, New York $105,000 The City of Cortland will develop a marketing campaign that integrates its historic downtown with its cultural events in order to find the most effective message, target market and media delivery. The end result will be a planning document that guides future marketing efforts of historic downtown Cortland. The Tappan Zee Bridge: Transforming Rockland County Rockland County, New York $150,000 Rockland County will develop an educational and interpretive program chronicling the rich and dramatic history of the Tappan Zee Bridge. Elements of this project will include the fabrication of an exhibit to be displayed at the Historical Society of Rockland County as well as the development of a curriculum for Rockland County schools. The Gilded Age of Roxbury Roxbury, New York $66, 750 The Town of Roxbury will promote their heritage tourism programs and expand upon their current interpretive materials to engage visitors. Roxbury is the birthplace of railroad magnate Jay Gould and naturalist John Burroughs. The hamlet of Roxbury retains is seminal 19s' Century architecture, which has resulted in the entire hamlet being listed in the National Register of Historic Places. Village of Owego Heritage Tourism and Education Program Owego, New York $20,000 The Village of Owego will develop signage, walking tour brochures, historic information kiosks, maps, additions and improvements to interpretive markers, and training for tour guides. Through a coordinated effort with its many private and public partners the Village seeks to establish an organized heritage tourism program that will highlight heritage assets and educate youth, citizens, and visitors to their rich cultural and architectural history. Preserve the Grove: Adaptive Use Study and Site Plan Putnam County, New York $23,180 The Grove, an Italianate villa designed by the eminent architect Richard Upjohn, is located in the Village of Cold Spring along Route 9 Scenic Byway and is an important cultural landmark of Putnam County. The objective of this project is two-fold: first, prepare an adaptive reuse study, and second, develop an appropriate site plan. It is envisioned that The Grove could become an information center for historic attractions, local businesses, and outdoor activities; therefore, tying in all tourism aspects of the area. Culturally Connecting America's Hometown: Fayetteville/Cumberland County Wayfinding Initiative Fayetteville, North Carolina $150,000 The City of Fayetteville's primary objectives for this project are to plan, design, and implement a complete wayfinding signage system throughout Fayetteville/Cumberland County, with an emphasis on historic and cultural resources. Recent Past Historic Context and Dayton-Area Pilot Survey Project Ohio Historical Society (State Historic Preservation Office) $87, 656 The Ohio Historical Society plans to stem the tide by developing a historic context document that outlines the important social, political, and economic trends that shaped land use decisions, architectural styles, and building technology during the mid-20s' century in Ohio. Significant resources associated with the "Recent Past" (1940- 1970) are under-identified, under-appreciated, and beginning to disappear. With Dayton, Ohio serving as a case study, this context will provide all of Ohio's communities, State, and Federal agencies with important information for heritage tourism, education, and economic development projects involving the valuable historic resources of the "Recent Past " 5 ~8 Downtown Salem Historic Marker Program Salem, Oregon $70, 000 In order to promote preservation and increase citizen awareness of their historic downtown, the City of Salem will create a unique downtown logo, a template for historical markers, and the instal150 markers. In addition, the City's existing downtown walking tour brochure will be redesigned and printed and a website created, allowing both residents and tourists to explore downtown Salem's historic treasures. Cheltenham Township "Richard Wall House Museum Collections Project" Cheltenham, Pennsylvania $20,000 The Township of Cheltenham will hire a consultant to document, inventory, and catalog the costume, clothing, and textiles collection of the Richard Wall House Museum. This endeavor will enable the Museum to better interpret Cheltenham's three hundred years of local history. Preserving Pennsylvania's African American Heritage: An Initiative for Education, Community Revitalization & Economic Development Pennsylvania Historical and Museum Commission (State Historic Preservation O;~ce) $142,250 The Pennsylvania Historical and Museum Commission (PHMC) will develop a comprehensive survey and context study on African American historic and cultural resources throughout the state of Pennsylvania. This study will provide guidance for public programs and nominations for resources to local, state, and National inventories. The funds will also enable PHMC to allow Pennsylvania communities to develop and implement African American heritage tourism projects through asub-granting program. Fairmount Park Sculpture Interpretive Project Philadelphia, Pennsylvania (Fairmount Park Commission) $50,000 With a large concentration of public art, possibly the largest collection of outdoor sculpture in the nation, located along Philadelphia's "museum mile," the City and Fairmount Park Commission will use funds to promote and cultivate an understanding of the many pieces of public art and sculpture found along the Benjamin Franklin Parkway and Fairmount Park corridor through interpretive signs coupled with a brochure and an online presence. Historical Inventory, Interpretive Signage, and Historical Interactive Displays East Providence, Rhode Island $25,000 The City of East Providence will conduct a historical inventory, background research, and the installation of interpretive signage for Hunt's Mills, a site that displays Rhode Island's contribution to the Industrial Revolution. Historic Sites Coalition of Rhode Island -Business Planning Project Rhode Island Preservation and Heritage Commission (State Historic Preservation Oj~ce) $35,434 The Rhode Island Preservation and Heritage Commission will improve and implement the non-profit business practices of Rhode Island's historic sites by creating business plans for volunteer historic sites, developing a methodology and model for historic site business planning, and recommending a business strategy for the Historic Sites Coalition of Rhode Island. The Rhode Island State Historic Preservation Office has determined that many of the State's historic sites do not consistently operate at a level of excellence in visitor services or preservation practices. Organizations that do not operate effectivelyjeopardize the resources they protect. Effective management will result in increased visitation, and more comprehensive resource protection. 6 "~ 9 Birth of a City: The History of Oak Ridge, Tennessee Oak Ridge, Tennessee $150,000 The City of Oak Ridge, a government town built under a cloak of secrecy during World War II as part of the Manhattan Project, is approaching its fiftieth Anniversary as an incorporated city. Historical records pertaining to its founding and development are known to be scattered throughout the community. Funds will assist with completing an inventory of existing records, files, and other historical materials; conducting oral history interviews of key city officials and community leaders; developing an interpretive exhibit on Oak Ridge's history; and creating educational materials for curricular and scholarly use. Gateway to Historic Galveston Galveston, Texas $30,000 The Ciry of Galveston will promote its historical resources through an improved system of marketing, gateways, wayfinding, and interpretation. This system of interpretation is needed in order to better market historic Galveston to tourists and visitors. Osceola Heritage Awareness and Marketing Program Osceola, Wisconsin $36,000 The Village of Osceola is a small community of 2,700 residents located on the St. Croix National Scenic Riverway. Originally settled in 1844, the village maintains a collection of buildings dating from the 1880s that form the core of the downtown. The Downtown Historic District is listed in the National Register of Historic Places. The Village of Osceola will develop a public awareness campaign and create marketing materials in order to better promote and increase visitation to the village. The ultimate goal of the project is to further economic growth and cultural vitality. Wisconsin Historic Building Image Digitization Project Wisconsin Historical Society (State Historic Preservation Oj~ce) $150,000 This project will complete the digitization of approximately 175,000 photographs of historic buildings for Wisconsin's online Architecture and History Inventory database located at www.wisconsinhistory.org/ahi. The visual record of these historic buildings will greatly enhance user experiences by bringing the raw building data to life and will make information easier to access for efforts to promote heritage tourism and education throughout the state. Cheyenne Heritage Education Project Cheyenne, Wyoming $52, 500 As the capital of Wyoming, Cheyenne serves as one of the primary gateways to the State; however, it lacks signage that interprets and educates the public of its important heritage. Funds will be used to research and write interpretative and educational materials, design and install twenty-one historical markers, and print both walking and driving tour pamphlets for free distribution to the approximate 1.5 million yearly visitors to Cheyenne. Evanston's Historic Roundhouse & Rail Yards Visitor Center Planning Project Evanston, Wyoming $30,000 The City of Evanston will develop a comprehensive architectural design plan which will enable the City to plan for the preservation and adaptive reuse of the "Oil House" as a visitor center. 7 t? Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE MUNICIPAL HARBOR FACILITY GRANT, UTILIZING $I.5 MILLION IN EXISTING PROJECT AND GRANT FUNDS, AS THE REQUIRED MATCH WHEREAS, the City Manager seeks to complete Phase III of the Harbor Expansion Project; and WHEREAS, the City Manager and the Harbormaster support the proposed security (Z) float as a shared facility for the USCG Cutter Mustang, State Trooper Vessel(s), National Park Service Vessel, and rapid-response fire and search and rescue vessels; and WHEREAS, the current location of the USCG Cutter Mustang will not be suitable for federal security regulations and will not be in the proximity of their shore support building; and WHEREAS, it is in the interest of the City to pursue this project that will be an added revenue source for the harbor and would not require further bonds to fund construction; and WHEREAS, the proposed 870 foot Security (Z) float currently has over half of the funding needed for construction to begin in 2009 and by obtaining an award from the Municipal Harbor Facility Grant program the project would be 92% funded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council approves utilizing the $1 Million award from the Denali Commission in conjunction with $465,000 from remaining harbor project funds, as follows ($194,203 from 274-2741, $167,263.20 from 274-2743, and $103,533.80 from 274-2744; all to the Z-Float State project account no. 274-2746-5390), to apply fora $1,465,000.00 award from the Municipal Harbor Facility Grant program. Section 2. The Seward City Council authorizes the City Manager to utilize $1 Million from the Denali Commission grant account no 274-2745-3050 in conjunction with $465,000 from funds 274 and 276 to provide $1,465,000 in matching funds for the Municipal Harbor Facility grant application. Section 3. This resolution shall take effect immediately upon its adoption. 81 Council Agenda Statement Meeting Date: January 12, 2009 From: Kari Anderson, Harbormaster Through: Phillip Oates, City Manager~fj Agenda Item: Municipal Harbor Facility Grant BACKGROUND & JUSTIFICATION: The City of Seward's harbor department is currently pursuing funding sources for a security float (Z float) to complete Phase III ofthe harbor expansion project (which began in 2003). The security float would be located in the NE corner of the Seward Small Boat Harbor and would provide moorage to the USCG Cutter Mustang, State Trooper Vessel(s), National Park Service Vessel, and rapid- response fire and search and rescue vessels. This project would include 870 linear feet of floats, upland utilities, electricity, and water service on the float. The security float will be an integral new addition to the harbor and will free up existing transient and tenant moorage to individuals who have been on our wait lists for several years. Currently the project is at a 90% design completion, and the harbor has a draft plan set. Resolution 2007-134 was passed on November 27, 2008 to contract Tryck Nyman Hayes (TNH now URS Corp.) to provide engineering, design and construction management services for this project. The total cost for this project for a construction date of December 2009 is estimated at $4 million. Currently the Security (Z) float has received funding from several sources Denali Commission Grant $1,000,000.00 Local portion of Cruise Ship (CPV) tax funds $353,853.00 Borough portion of Cruise Ship (CPV) tax funds $383,652.00 Local remaining funds from previous harbor projects $465.000.00 Total funds on hand for Security (Z) Float: $2,202,505.00 The remainder of this project could be funded from a few different sources: A.) 2008 Borough CPV funds (not yet allocated) $304,000.00 B.) Local portion of CPV funds for 2009 (amount still unknown) C.) Municipal Harbor Facility Grant Fund $1,465,000.00 The Harbor department is requesting the Seward City Council pass a resolution of support for the Security float project and the application for the Municipal Harbor Facility Grant. The grant requires a 50% match from the local entity applying, and federal grants from the Denali Commission are acceptable sources to fulfill the local match requirement. Therefore, the Seward Small Boat Harbor is 82 eligible fora $1,465,000.00 dollar grant using the Denali Commission Grant and our local remaining funds from previous harbor projects. If awarded this grant, the city will have a total of $3,667,505.00 on hand for the Security float. The security float would be an added source of revenue for the Seward Harbor, and would be a new construction project that would not require additional bond payments. The pilings for the project were purchased previously and are now stored on-site. URS engineers are currently producing bid- ready construction documents, and the harbormaster is working to have the floats delivered to Seward in the fall of 2009. The security float project is endorsed by the US Coast Guard, and is a vital component to the overall plan ofrelocating the current Cutter Mustang support building to the NE harbor. CONSISTENCY CHECKLIST• Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: To qualify for this grant, the City must match the grant award, and in order to do so, the City will provide a match utilizing $1 million in Denali Commission grant funds, plus $465,000 in funds remaining from the first two phases of this harbor expansion project. Approved by Finance Department~,~,~,,,,} „(9,(~L~.~.~,,,,;,o,~ RECOMMENDATION• The City Council approves Resolution No. Ztiv9-tx~5 Authorizing the City Manager to Use $1.5 Million as a Match for the Municipal Harbor Facility Grant Fund. 83 Aerial Photo of the Seward Small Boat Harbor (courtesy from Alaska Railroad) showing proposed location of Z float, the 870 foot linear security float to be built in the NE harbor. The security float project will be 92% funded if the City of Seward is a recipient of the 2009 Municipal Harbor Facility Grant. 84 City of Seward, Alaska Ciry Council Minutes December 08, 2008 Volume 37, Pa e Went into executive session at 6:02 p.m. Staff present were: Tim Barnum, Electric Utility Manager Kris Erchinger, Finance Director Jeff Estes, Electric Utilities Came out of executive session at 6:23 p.m. Motion (Bardarson/Keil) Motion Passed Motion (Bardarson/Smith) Motion Passed The City Council Gave Guidance To The City Manager On Settling The Claims Made By Polar Equipment Inc And Seward Ships Drydock In Regards To Electrical Generation. Unanimous Go Into Executive Session To Discuss Pending Arbitration Filed By Seward Ships Drydock With Regards To Their Lease. Unanimous Went into executive session at 6:26 p.m. Staff present were: Kari Anderson, Harbormaster Jim Lewis, Deputy Harbormaster Kristin Erchinger, Finance Director Came out of executive session at 6:53 p.m. Council Gave Direction Fo The City Manager To Issue A Default Letter Immediately To Seward Ships Drydock In Regards To Their Maintenance And Operating Agreement. COUNCIL COMMENTS -None:: CITIZENS' COMMENTS -None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS -None ADJOURNMENT The meeting was adjourned at 6:55 p.m. Jean Lewis City Clerk (City Seal) Clark Corbridge Mayor 86 City of Seward, Alaska December 08, 2008 CALL TO ORDER Ciry Council Minutes Volume 37, Page The December 08, 2008 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Vice-Mayor Willard Dunham. OPENING CEREMONY ROLL CALL Vice-Mayor Willard Dunham presiding and Betsy Kellar ~ Tom Smith ,;;~ comprising a quorum of the Council; and Phillip Oates, City Mai Jean Lewis, City Clerk Cheryl Brooking, City ABSENT -Clark Corbridge CITIZENS' C FOR PUBLIC Carol not support it were far belt attention to th given to other THOSE ITEMS SCHEDULED council to pull Resolution 2008-131 from the consent agenda and ~ • er oney and would not alleviate flooding. She thought there rve ~, ~ public needs better. She stated this project would only floii~ing. Griswold stated this area would always be a problem f the mountain with underground streams. She directed council's it she had sent previously by email and asked that consideration be mentioned. ~~~~ Theresa Bud, had the utmost respect for city personnel and did not want to sound curt but was losing patience with trying to interconnect her windmill to the city grid. She did not understand why they could not connect to the grid since they were a qualified facility, and thought she would be exempt from the requirements of the contract with Chugach Electric Association. In light of the economy and their determination to be more cost effective, she just wanted to be able to consume the electricity they could generate. There were present: 87 Police Chief Tom Clemons led the pledge of allegiance to the flag. Ciry of Seward, Alaska Ciry Council Minutes December 08 2008 Volume 37, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Smith) Approval of Agenda and Consent Agenda The following resolutions were removed from the consent agenda: Resolution 2008-126, Adopting The Capital Improvement Plan Budget For Calendar Year 2009 And Two Subsequent Calendar Years. ,~ ~_ Resolution 2008-131, Accepting Grant Funds In The Amount Of $~ ~, OOrom The Kenai Peninsula Borough For The Mill Street And Second Avenue ~ ~ ill Street And Vista Avenue Drainage Project. ~_ Resolution 2008-134, Authorizing The City Manager Vehicles And Equipment In An Aggregate Amount No Heavy Equipment With Accessories, Subject To Amount Not To Exceed $1,937,597, From The Mkt Motion Passed The clerk read the following approved c~zt3z~tgenda items: Ordinance 2008-020, Amending Various S City Of Seward Provide A Biennial Budge and set for public hearing J~'~~r 2009) And Pu se utright, $308,574 An urchase ancing, In Aggregate it Service Fund. -ard City Code To Require The Year 2010 (This was introduced Fund Budget For Calendar Year 2009. Wastewater Enterprise Fund Budget For Calendar Year 2009. For Clenij Year 2009. Marine Industrial Center Enterprise Fund Budget The Parking Enterprise Fund Budget For Calendar Year 2009. Adopting The Hospital Debt Service Fund Budget For Calendar Year 2009. Resolution 2008-115, Adopting The Motor Pool Internal Service Fund Budget For Calendar Year 2009. Resolution 2008-116, Adopting The Small Boat Harbor Enterprise Fund Budget For Calendar Year 2009. 88 Ciry of Seward, Alaska Ciry Council Minutes December 08 2008 Volume 37, Page Resolution 2008-117, Adopting The Electric Enterprise Fund Budget For Calendar Year 2009. Resolution 2008-129, Approving An Amendment To The Employment Agreement With The City Manager. Resolution 2008-130, Amending The 2008 Budget To Record Expenditures Of $175,509.90 Paid By The State Of Alaska On Behalf Of The City Toward The City's .Public Employees Retirement System Liability, Per SB53. Resolution 2008-132, Accepting Grant Funds In The Amount ~ ~ $3,500 From Alaska Humanities Forum To Be Utilized To Fund Production Of A 19Ct~a make Documentary And Appropriating Funds. "~~ ~~~~ Resolution 2008-133, Officially Naming The Seward ~ ng Term Care Facili s Seward Mountain Haven, The Main Facility Building As W °` ey Co ons And Th esidences As Lupine Lodge, Eagle Lodge, Raven Lodge And Fk ed L The November 24, 2008 Regular City Council Meeting M~i"fl tes Were Approved. SPECIAL ORDERS, PRESENTA Proclamations and Awards A Proclamation Nancy Osborne Who For Community Serv Community Service.' REPORTS ARP~5~0`s Anniversary And Presented To Tom And zted T eceive Alaska's 2007 AARP Andrus Award 's Mos~f~~restigious And Visible Volunteer Award For Borou°~i~sel2ly Rep ~~t. $orough Assembly Representative Ron Long stated an ordinance ich would ~~ ve mtr~~d a moratorium on all development within the greater Seward. Creek flood se ce ar> was pulled for more review. Money had been appropriated to fund a ydr `~ ~ical enginee- do flood projects for the city. Long reported that on December 2, 2008, the 2009~te capital legislative priorities were finished. Some of the items supported were: gas line projects, ng-~i~e` energy plan, removal of Chuitna coal mine, flood map upgrade work was supported, mon 's appropriated from cruise ship head tax for port and boat harbor security dock improvement and money was also appropriated to 26 unincorporated cities for revenue sharing. Long answered questions and spoke on reasons why the floodplain moratorium failed at introduction. City Manager's Report. City Manager Phillip Oates wrote a letter to the Marine Transportation Advisory Board and asked for ferry service be restored to Seward because of tourism, recreation opportunities, economic growth and emergency response, all which mirrored the marine transportation charter for why they exist. In response to questions about LED streetlights, Oates stated these lights along 3`d Avenue came from federal highway funds, and were designed to meet 89 Ciry of Seward, Alaska City Council Minutes December 08 2008 Volume 37, Page federal guidelines and standards. He stated other similar lights being replaced as a powersaving idea in Anchorage other than federal highway standard roads. Oates stated the city was captive under the guidance of the formula and standards for replacement based on the federal guidelines. The City would be utilizing opportunities to replace city lights at a lower cost. Oates reported on expenditures up to $50,000 he was authorized to spend: Seward Mural Society. The Seward Mural Society sent an RFP designs were received. Justine Pechuzal's design was selected for Alaska's 50 Years of Statehood. He stated discussions were u for the mural to be installed at the Post Office, and the Statehood Symposium on May 2, 2009 at Legend's. • SMIC Uylands Economic Feasibilit~d_y. Five p~ Economics winning the bid, for an economic feasibil3 boat storage yard and maintenance facility. The ~1 ~ on how to manage this facility in the future ,hcl privatizing, or making the necessary improvement approximately $25,000 and he hoped for council's b] • Oates also stated the lease agreement for the Electric I had to be renewed in the amount of $9,950.00. ~"`~ ~~ ~ ~ Fire and Electric Department. The ~ o ram was underway with a community wrapping party on December 13, 200 Ito wra'~al ~" donated gifts. EMT-1 certification training was going onvith students takthg~ial tes` Jeff Estes had accepted position of Operations Superviso~foie~lectnc ]~~partment. Community Deve~`ment. Oates stated v'~e~the Borough authorized the Mill Street grant they ineorrectl~"~enced S nd Avenua instead of Chamberlain Street in the project title. This should tot inn, a~ct~ 13r~j"e~t oi~~grant funds. The Borough Assembly failed to introduc or inane ~acmg a moratorium on floodplain development with the Seward Bear ~e~c~l ~y, Servirebecause of concerns from the Area Board. The city's co `ms were adc~ssed unt~r~~a proposed substitute ordinance. Forest Acres L~~~ee/I~nad Project A Floodplain Development Permit was issued for this erect on Nove er 21, 2008. Oates rem ad ~°public to keep vehicles and personal items out of the right of way for extended periods oft for snow removal and also cautioned people conducting snow removal to not pile loads onto tl~oardwalks that were not meant to support the heavy loads. The City was still waiting on snowblower parts and he advised of the various holiday leagues and events occurring under the direction of the Parks and Recreation Department. Oates wished everyone a safe and happy Christmas holiday. In response to questions of Theresa Butt's windmill generation, Electric Utility Manager Tim Barnum stated the city was moving ahead very carefully because this was a very complicated issue entwined with power purchase agreements and planning and zoning issues like towers, zoning and noise. He stated the RCA recently chose to rej ect the federal net metering standard but agreed to b„ ~tl~artists and three urpose of celebrating to secure permission ~n display during the concerning the ~ ' C uplands making an irr'nned decision Itnine the options of closing, facility. The overall price was to proceed. ~~ City of Seward, Alaska City Council Minutes December 08 2008 Volume 37, Page open addressing net metering specific to Alaska utilities. The Energy Policy Act of 2005 which mandated net metering, gave the opportunity to the regulatory commissions of various states to adopt their own policies or opt out. Alaska's RCA chose to opt out of that standard and look at it later. City Attorney's Report. City Attorney Cheryl Brooking stated they continued assisting with municipal issues such as; the open meetings act, sales tax, contracts, resolutions and ordinances, employment issues, land issues, North Forest Acres road project, SAAMS research, flood management, harbor and SMIC environmental issues, contracts, and litigation and legal issues. ~_. Port & Commerce Advisory Board Report. Ron Long stated soon to discuss the north harbor development plan. Resolutions Requiring a Public Hearing Resolutions 2008-127, Amending The Port And Motion (Bardarson/Smith) Oates stated this tariff change would amend how the ii Small Boat Harbor and SMIC dock area. The current electric sy, transient customers, resulting in a dela ' , billing process. prepaid along with moorage. Oates stat d th ~d`~~osed a ~ facility which could lessen the shortfall on S C revz~ie' < <,~~ Harbormaster K discussion between staff recover the costs of wha#r ~'".- was examined was Jaffa Notice of the "Il'h~, hearing wa ,V pened. No `'An'on stated with other harbt~ She Motion Passed NEW BUSINESS 2008-127 be meeting 225. ;d for electric utilities at the dace was cumbersome for a flat daily rate would be to electric use at the SMIC ~e ~n asked ~cil to consider the changes since they had much had also°~esearched~p~t~er harbors. She was confident the city would used. Alderson repo`~d the last time the SMIC power use rate change nd published as required bylaw was noted and the public address the Council and the public hearing was closed. no set pattern across the board, so determined the rate structure this change was only for transient vessels staying 15 days or less. Unanimous Resolution 2008-118, Adopting The City General Fund Operating Budget For Calendar Year 2009. Motion (Bardarson/Keil) Approve Resolution 2008-118 91 City of Seward, Alaska City Council Minutes December 08 2008 Volume 37, Page Oates was proposing a balanced budget for 2009 with no increase in fees or revenues. He thought the council and public had successful work sessions and the results of that hard work were presented tonight for passage. Finance Director Kristin Erchinger also announced the council had four successful budget work sessions and final changes were incorporated in the packet tonight. The primary changes incorporated at the end were: ^ Put $30,000 ofnon-profit funding for the Boys & Girls Club back mt ' eneral fund thus changing the amount to the Seward Community Foundation to $1 0, with $5,000 of that establishing the endowment. ~~-~ ^ Increased revenues for DMV because of a new position , ~~ ~: ^ Senior Center funding was increased from $17,000 to $50,100, Museu~unding remained at $4,800, Boys and Girls Club funding of $30,000 a~$~,0~0 to the Seed mmunity Foundation. An error was found and changed whiC~i`~"reduced library perso r~ -costs. Erchinger also stated $80,000 to the Library/ . se m prol ~2s added from the preliminary budget numbers, and noted the Chamber of Commer~ ~ce~wou ~'~tinue receiving 50% of the bed tax monies, with $35,000 added for economic development. ~' ~ Motion Passed _ Unanimous ~ ~~ o Resolution 2008-126, Adopting The Capit , Impr ~m tti~Plan Budget For Calendar Year 2009 And Two Subsequent Calendar Year~r' °upda. d sheet on the motor pool fund was ~_ submitted for inclusion in the~alt'r~ ° °' Motion (Keil/Kellar) , ~~Approve Resolution 2008-126 ~ ~~~~ r Keil did nod eel the to]f the Capital Improvement Plan had been discussed amongst the city council ~o~R~v"~ye'~s Sheantedrto have a work session in June to discuss the next two Remove the words "and two subsequent years" from the Title and Section 1 of the resolution. Keil wantedb have a more in-depth discussion in a work session at a later date on the 2010 and 2011 capital improvement projects. Amendment Passed Unanimous Motion Passed As Amended Unanimous Resolution 2008-131, Accepting Grant Funds In The Amount Of $30,000 From The Kenai Peninsula Borough For The Mill Street And Second Avenue And Mill Street And Vista 92 Ciry of Seward, Alaska Ciry Council Minutes December 08 2008 Volume 37, Page Avenue Drainage Project. Motion (Bardarson/Smith) Approve Resolution 2008-131 Oates stated this grant money was earmarked for this project and could not be used for any other purpose. Public Works Director W.C. Casey stated this was a small project that could be completed for $30,000, and would clean up easement issues. He acknowledged there w e challenges with sizing of culverts and conflicts with utilities. Final analysis had not been . ~ _ ~ on ow to mitigate or channel the flow higher up on the mountain, or where the intake uld be located. Casey ascertained that Griswold had good points in her argument and the "ere ~~uarantees. He was hopeful this grant would lend aid to constant rebuilding of the Da Hill road"'usry time it rained hard. The Seward/Bear Creek Flood Service Area Board su~por eid`t°his project use ;Stated the ~, , goal was to mitigate flood damage on Dairy Hi11 road ~~ ,;~, .. Dunham stated this would be a work in Motion to Amend (Kellar/Keil) Amendment Passed Main Motion Passed As Amended Delete Unanimous money from the borough. Resolution 2008-134, Aut rah"° n .The Ci ` anager To Select And Purchase utr~g t, Vehicles And Equrpmeu,n An Aggregate Am)1 ~ Not To Exceed $308,574 And To Purchase ~~ Heavy Equipment Wa(lt_ Accesso s, Sub~ec " o Obtaining Financing, In An Aggregate Amount Not To Exed ~~ 37,5 ~`~~'~e Motor Pool Internal Service Fund. Motion (Kei ~ ~„ Approve Resolution 2008-134 r. £_ +a~;° is Works Director ~':C. Casey would find the best deal they could on all the purcha ' s referred to pphase two vehicles at the same time and possibly get a better deal. He noted another „sibility world be to stagger the need in different years. Keil thought ~ easing all at once was a more efficient way of purchasing vehicles. She reminded council al~iese purchases were vetted in the budget work sessions and were found to be needed items. Motion Passed Unanimous Resolution 2008-135, Adopting The Decisional Document For The North Forest Acres Levee/Road Part 1. Motion (Bardarson/Smith) Approve Resolution 2008-135 93 Ciry of Seward, Alaska City Council Minutes December 08 2008 Volume 37, Page Oates thought the permits to begin the project would be in hand before Christmas and reminded that this process had been in the works for over ten years. This resolution identified the properties needed, allowed for negotiation for the purchase of those properties, and paved the way for any subsequent action council needed to acquire the properties. City Attorney Cheryl Brooking stated the levee road could not be constructed unless all the property was acquired. This authorized the City Manager to negotiate acquisition of the land. It also set the framework if negotiations failed that the City Manager could come bacl~~~ouncil to take the land. The levee was intended to save the city, businesses and infrastruct from future flooding. Brooking pointed out all nine parcels were undeveloped properties. ~`"~'~' _ Oates stated the city would pay the appraised price for the perties. ;finable to receive a reasonable negotiation, the council could take the property~~"a~ the appra v e. This established the legal basis that these properties would haves#o levee road project and to be able to use the funds alloc~t~ for step would have to go back before the council for app~ol. Motion Passed OTHER NEW BUSINESS The December 22, 2008 Regular City INFORMATIONAL City October COUNCIL be acquired to go an her in the rt;.e reminded co _~ cil that every Cancelled. wanted a crime for the harbor and wanted the city to look for grants to install it as soon as Kellar wish aderyone a Merry Christmas also and thanked the businesses for the extra effort and ideas the~'put into the holidays. Bardarson sent condolences to Kim Kowalski and her family for the passing of their father Marty Kowalski and wished all a great holiday. Dunham wished all a safe and happy holiday season and thanked Tim Barnum for his service to the community. Dunham stated that $26 million dollars was needed to upgrade the electrical system and noted Chugach Electric wanted to increase the rates. He stated the CEO of Homer Electric shook his head, was envious of Seward's electrical rates because Homer would be paying 19 94 City of Seward, Alaska City Council Minutes December 08, 2008 Volume 37, Page cents a kilowatt soon. He thanked Carol Griswold for her bird report, and thanked employees for the fine jobs they did. CITIZENS' COMMENTS Lynn Hohl, thanked the council for their continued support of the youth of Seward. She hoped with combined efforts from Seward Parks and Recreation and other youth programs, Seward could sustain them all. She wished council a Merry Christmas. ~, Carol Griswold stated on Resolution 2008-131 that Dairy Hill roa as really Chamberlain Road. She appreciated Kellar's support for flood issues. She did not X30,000 was enough to contain the flood waters in the culverts. Borough and city residents ~ mtothe flood fund that this F money was coming from. She thought the money would be betlar spent toy finch through the emergency access above Dairy Hill and come out on Phoenix = _ She thought ide would be more effective for the community. Griswold thought that - lion of the road shoul ~_ sacrificed because any flood would wipe out any improvemen ade on~,that section. S - asked for a reconsideration to re-direct this funding. She appreci;~te 'tk~e cou~1'~hard work and the time spent. Bridge ' COMMENTS -None 95 COUNCIL AND ADMINISTRATION RESPONSE TO C~` City of Seward, Alaska City Council Minutes December 09 2008 Volume 37, Page CALL TO ORDER The December 09, 2008 special meeting of the Seward City Council was called to order at 7:30 a.m. by Vice-Mayor Willard Dunham. OPENING CEREMONY NEW BUSINESS ,DULED f Electric stions. Resolution 2008-136, Authorizing The City Manager To Enter Into ADesign/Build Contract With Unit Company For The Fort Raymond Substation -Generation Addition. (A laydown version was provided with updated account codes.) Motion (KeiUBardarson) Approve Resolution 2008-136 96 f it.~ hiTananar Phi~~ir~ (~atPC ~~.r~ Y}lP 71~P.(jPP. ()f A~le91r1T1Ce to the flaE. City of Seward, Alaska City Council Minutes December 09 2008 Volume 37, Page Oates stated this was adesign/build contract for the Ft. Raymond Substation generation. Unit Company of Anchorage was the only bid and after value engineering, the total cost would be $7,153,479.00, with work to begin immediately. He reminded the council that $6 million would come from bond proceeds, and $2 million from state grant funding. Electric Utility Manager Tim Barnum answered this would automate the control system. He stated the bid proposal was higher than anticipated due to escalation in construction costs. They had tried to reduce the scope and scale of the proj ect to get within the budget unt. The extent ~. of the funds available would relocate the building with a possibility f~~' ture expansion over generators #3 and #6, remove arctic packs and move the units exhaust stacks, and black star capability on two units instead of all complete the automation on four old generators and construction c this time. '~4 Oates stated the city had four generators in the city was now on the margin to meet the city's Dunham wanted assurance the system would be capabilities to attach to an automated grid. Motion Passed COUNCIL COMMENTS Keil thanked in his endeavors. Smith quipp his h~'rd work radiators, silencers, s contract would not e. office building at more made serve. He noted fixture expansions and day with the city, and wished him the best 5=~ that h wed Barnum was going to a utility where there was no generation. and wished him well. for her. CITIZENS' also apprated the way Barnum relayed information and made it understandable Hal Fraley of Unit Company, thanked the city for inviting them to come down. He stated the company did hire locally and was spending money on some supplies within the community. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS -None 97 City of Seward, Alaska City Council Minutes pecember 09 2008 Volume 37, Page ADJOURNMENT The meeting was adjourned at 8:20 a.m. Jean LP.x,;~ City C (City ~ Clark Corbridee ~g Agenda Statement Meeting Date: January 12, 2009 From: Jean Lewis, City Cl Agenda Item: Continuation of the Port and Commerce Advisory Board BACKGROUND & JUSTIFICATION: This is an annual formality. Seward City Code 2.30.330 states that at the first meeting of each fiscal year, the City Council may continue by affirmative vote the existence of the Port and Commerce Advisory Board. If it fails to do this, the Board will cease to exist within 30 days. CONSISTENCY CHECKLIST: Yes No 1. 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February 2009 March 2009 G V ~ r 5 M T W T F S S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12.13 14 15161718192021 " 22 23 24 25 26 27 28 1 2 3 4 5-6 7 8 9 10 11 121314 15161718'192021 22.23:24: 25 26 27 28 29 30 31 Monday February 2~ j Tuesday _ 7:30pm P8Q Meeting Wednesday Thursda _ y __ 3 4i~ ~ 12:OOpm PACAB Meeting ~ Friday - - ST ' ~ 1/7/2009 ~0~8igM